Q: If i leave out of state with our daughter without the fathers agreement could i be charge with kidnap?
Im in a emotional abuse relationship and we have a 6 month old daughter i really want to know what's best for my daughter I have alot of postive support and help back home.
A: It depends. Do you have any existing custody/visitation orders? Does the father live with you? Is the father in your daughter's life? Technically, if there are no court orders in place, you are free to go. You cannot be charged with kidnapping your own child if there are no court orders in place. The issue to think about is how he will react and whether you want to protect yourself by getting a court order allowing you to move away with your daughter. Again however, if you do not have any existing court orders regarding custody, you are free to go.
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