Boynton Beach, FL asked in Criminal Law and Family Law for Florida

Q: My wife left me with my 5-year-old in the middle of the night while I was out of town

Is it a crime to take a child without the knowledge or consent of one parent across state lines?

My wife left me with my 5-year-old in the middle of the night while I was out of town with the intent of abandoning our marriage. She took my child to WA to my brother's house from our home in FL and she says she is coming back to FL in two months but not to hour house.

Is this a crime that she did and can she be arrested in WA if I call the police there?

Related Topics:
2 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: She may take the child in the absence of a court order restricting her ability to do so. Sounds like you are still married, if you decide to file for a divorce you may seek sole parenting and/or majority time share and use her actions as evidence of her intent to fail to share the child.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, it's not a crime if she didn't hide the whereabouts of the child. You have six months from when they left to file in Florida for custody or visitation; otherwise exclusive jurisdiction will be in the Washington courts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.