Asked in Criminal Law, Divorce, Family Law and Juvenile Law for Florida

Q: Is it considered kidnapping if I leave back to MI where child was born without consent? We were never married.

We moved to FL 9 months ago. Split up shortly after. We have 2 yr old son. We have nothing through court system no court orders or child support. He lives an hr away from me in a diff county than me. He promises to help with things and money but never does or has. He gave one pack diapers and 1 pair shoes thats it throughout these months of seperation. He visits usually each sunday for supervised visits but hasnt come by for close to 2 months now. We dont have original birth certificate but have proof of it and dads name is on it and mine. I need a second opinion than wat the Jodat Law Group gave me over the phone. They said im able to go that its not kidnapping cause nothing through court. He could order me back to FL if i havent lived back in MI for 6 months. But could he order me back if he doesnt know my address in MI?? What can I do in MI to prove I lived in MI 6 months get ID card or something with date on it? I just want to move back where our family is supportive. thanks!!

1 Lawyer Answer

A: What you were told is essentially correct. What you mean is that a Florida COURT could (but not necessarily would) order you to return the child to FLORIDA should the father sue you for such an order.

There are many ways you would be able to prove that the child was first back in Michigan. Any sort of a receipt would probably due the trick. Or get affidavits from family members.

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