Q: if I leave state with my son would I be charged with kidnapping and if I left him here would it be abandonment.
I have a son. His dad and I have joint custody. The relationship is going down hill. I need out of it. I’m planning to move out of state. I have been told if I leave with him I could get charged with kidnapping and if I leave him here then I am abandoning him. The dad will not agree to this. I was going to get a lawyer where I’m going and go from there. I need help
A: Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient grounds for a custody modification that allows you to become the custodial parent.. If you move out of state you can become the non-custodial parent, receive visitation (less than joint, obviously) and it is not abandonment.
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