Q: If someone takes a child under 14 out of state mom who has no court ordered custody whats the penelty
Non family member and the older brother took the kids meet the father and then father drove them back across state lines
A: Sounds like dad had help with transporting the child for his parenting time. Unless there is something in the parenting plan that prohibits this, this is perfectly fine.
A: The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue with the children being transported. Because if they're being taken to see the father, it's clear he doesn't have custody. So whether it was wrong for the children to be transported depends on who was suppose to have the children at the time. A non-family member probably shouldn't be transporting the children anywhere without permission from the person who has custody of them.
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