Q: If I take my kids and leave my husband to live permanently elsewhere without a custody arrangement, is that kidnapping?
A:
Florida Statute 787.03 (2) does provide as follows:
"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
So, since both spouses (you and your husband), in the absence of a court order, share full custody, if you take, etc. the child, "with malicious intent to deprive" the father of his right to custody, you could be convicted of this crime. Note, it is not called "kidnapping", but instead " interference with custody".
A: I agree with Attorney Thorgaard, however, the worst thing I have seen happen is that your husband would file an emergency motion for a pick-up order and the kids would be required to return to the marital residence.
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