question about taking my child out of state

[lilpoohbear1979]

I live in new hampshire and I would like to know if I took my kids down to virginia could my husband have me arrested for kidnapping. When I told him that I wanted to take the kids to virginia he said if I did he would call the cops and have me arrested for kidnapping them. He says that it is illegal for me to take them out of the state without his permission. I need to know if that is true because if I take them to go visit family I do not want to run the risk of actually being arrested.

[Sgt. Slaughter]

Consult with a family law attorney. You'll need to tell them if you're married/separated, if any paperwork has been filed in the courts, is the trip permanent or for vacation, etc. There are lots of little questions like those they'll ask.

Many of them have free initial consultations. Looks like you'll be needing their services shortly, anyway.

[txinvestigator1]

I live in new hampshire and I would like to know if I took my kids down to virginia could my husband have me arrested for kidnapping. When I told him that I wanted to take the kids to virginia he said if I did he would call the cops and have me arrested for kidnapping them. He says that it is illegal for me to take them out of the state without his permission. I need to know if that is true because if I take them to go visit family I do not want to run the risk of actually being arrested.

Unless there is a court order that does not allow you to take them outside of the state, you can take them anywhere you please.

[Plazoo]

Unless there is a court order that does not allow you to take them outside of the state, you can take them anywhere you please.

What he said.

If you have a parenting plan, check that to see if there are any restrictions regarding travel/leaving the area. However, (at least in my state) if the dad has full custody, and you only have certain rights of visitation as spelled out by the court, (for example: you can have the kids from Friday at 5:00 till Saturday at noon), then you may be charged with custodial interference.

That said, if there is nothing saying you only have limited visitation and/or there's nothing limiting your right as a parent, then you can take them where you want.