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.
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.
