Should a father press 2nd degree felony if mother takes children out of state without legal authority?

Question

Father is out of town on business for 5 days - comes home to empty house - finds out children are 1500 miles away - reenroled in another state.

Answer 1

The answer is that it depends on what state you live in.  I hope it is NOT Texas, who is among the few, which says a parent can take the child anywhere, as long as a lawsuit for custody has not been filed.

The majority of other states have brains enough to say that even if you are married (no court order), they are still your children, and it can be a felony or misdemeanor to remove them.  Like.. if you ARE a parent, you HAVE rights, which are being violated.

If you want, email me with info about the state, and I will send references.  

Nothing can stop you from filing for custody, however.. the UCCJEA decides "home state" of the child, which is where jurisdiction is supposed to be.  If she took off to Florida, just to file there, she should not get away with that.  If you wind up with a jurisdiction fight, then one state or the other has authority. That is not the same as charging her with a felony.

Fair warning..  I am someone, normally rational, but I have a pure hatred for persons who participate in parental/family abductions. If she HONESTLY has proof of abuse from you...that is one thing.  Otherwise, there is no more pure evil walking this planet.  

Answer 2

you can't unless you already have awarded custody.  if you do or you state is different than most, then yes if there was no reason at all.

Answer 3

a parent can file police reports..file a motion in family court for custody and the court can grant a court order for custody and provide you with law enforcement to allow you to bring the child back to your home state. this is called: parental kidnapping by the mother

Answer 4

What a crappy move on her part.  I feel sorry for the kids being stuck in the middle of a situation like that.

It really depends on the situation.  Keep in mind, regardless of what a ***** she is, she is there mother.  If you put her in jail, the kids will be upset with you.  Right now their upset with her for moving them away.  

Talk to a lawyer and see what your legal options are.  I hope it works out.  

Answer 5

Do it.

Be an example to the rest.

Answer 6

Nope. She has the right to take the kids where she wants without your permission, as do you.

File for divorce(it is obviously coming). Do it now, as jurisdiction is still in the district you live in, and will be for 6 months. Meaning, she cannot file where she just moved to. Judges are known for keeping kids in their district, therefore is she wants to remain where she is, she will likely have to leave them behind.