if one of two married parents leaves the state with a child, can the other parent claim kidnapping?
138572
Yes in some cases. I recommend speaking to an attorney for advice because the law differs in every state.
570525
yes you can only if the real father says yes but if the father is dead, missing,or deamed by the couts that the father is  in the a mentle state the it is in the best intrest for the child to adoped by the new dad and that you have been married for a year
1161874
even though you may have joint custody, the person with primary physical custody gets to claim the child, unless you contribute over 50% of the child/children's support.  you would have to prove the second.
790428
It varies from state to state but most states any more look at it like this.  The parent in question is giving up their rights to visitation and make decisions in their child's life not their responsibility to care for the child.  If however, the child is adopted by another person then those responsibilities transfer to the new parent.
1066173
Payment is child support is not contingent upon anything. Certainly not on whether you see the child.\n\nYou owe child support payments because the child EXISTS not as a fee that buys you the right to anything. \n\nYou may have a right to demand that the child not be moved out of state but that is completely separate from your legal obligation to support your child.\n\nBut if you do not see the child then what possible reason could you have for wanting to keep the child in state?
638545
No, it will not be kidnapping,unless there is a court order that states that he has custody, but if you want to move, you need to do it right away.  I live in Texas, and you have to live here for 6 months to establish residency before you can file for divorce and custody.  You can file in any county the children reside in.  Just as an added note- if this man is hostile- in Texas it IS legal to record telephone conversations without the other person knowing about it.  This should be helpful to you, since you say he is hostile, yu can definitely get him on tape saying mean things to you, and you can use that in court.  Hope this helps. You do not need his permission to leave where you are, you can go where ever you want with the children. Would probably be best to file a restraining order, or order of protection against him as soon as you get to Texas.  This is a legal and temporary way to keep him from being hostile towards you, and if he tries to take the children from you.  It can be done in a few minuted by a Justic of the Peace.  But, you do not need to waste any time, and move as quickly as possible!
677647
Normally parents can have joint custody and one parent be the primary caregiver.  This person can be awarded child support.  If the parents are splitting the care of the child with so many days between parents then you probably won't.  Normally you can check with your attorney or sometimes the state you reside in has an agency which helps to collect child support and can best advise you.  Normally parents have to resort to this when they can't mutually decide how to divide financial responsibilities for the child.
69519
If you are raising the child, file your tax return.  If there is two people claiming your child, the IRS will request that both of you submit proof that it is your child.  Since the child is yours, this will be no problem for you.  If someone else is claiming your child, they will not be able to prove that they are supporting your child.
626377
From my personal experience, if you and your spouse have joint custody, then the custodial parent has to have permission from the non-custodial, in writing (through your attorneys) and visitation privileges changed since the children will be living out of state.  The non-custodial needs to make sure he is getting quality and ample visitation time as the agreement will be binding 18 yrs. and would surely have a profound effect of the children if the changes are not fair.  If you do have joint custody, then you do have the right to fight the move and a judge will make the decision based on each case.  Again, my experience tells me that it is very hard for the custodial to pull up stakes and just leave without the blessing of the non-custodial.  If full custody was given to one parent, then they do have the right to go wherever they want, but you can get the visitation agreement changed so that the children spend ample time with both parents.  Good Luck!
1706
They don't have to. If you have a divorce decree that gives you rights to claim a dependant (sometimes annually or every other year, or not at all) then the custodial parent must honor that. In fact you can file with the deduction by providing copies of the signature page and the tax portion of the decree. If you do not have a divorce decree stating you have rights to claim....you have NO right to claim without the permission of the custodial parent who will have to provide form 8332.\n\n*** I'll qualify that, by saying the other person has legal custody, that is an indication that the child lived with the custodial parent as well for half or more of the year and that that parent paid for at least half of the support of said child...or that the parent has sole custody of the child....That all being true...you cannot claim the child without permission of the custodial parent. Check out the 2nd link for all the rules regarding dependants.
424053
I am not certain on TX, but my best inclination would be to say no.\n\nIf the mother is still alive, she may have to pay child support.  If not, then the father is on his own and can collect survivor's benefits through Social Security in place of child support.\n\nStep-parents are not legally obligated to support step-chilren like they are biological children.\n\nHowever, family court is always changing. There could possibly be some odd situation where they do something crazy, but I doubt it on this one...
1074011
If you have legal custody then you probably do, provided there isn't a stipulation in the divorce decree saying you may not do so.  \n\nYour ex-spouse may naturally go to court and sue to stop you, though, especially if it represents a significant burden which would interfere with your custody and visitation arrangement (and the court may re-evaluate where the best home for the children is in light of the fact you are willing to take them away from their friends, their school, all their other loving relatives, etc).\n\nHowever, if the issue of custody is not settled, then not only should you not leave the state, but it's probably inadvisable for you to leave the CITY with your children, or even moving across the street, at least not without providing your ex with the exact whereabouts of the children (especially if you're permanently moving).  Simply leaving with the children can very easily be construed by the other parent, and law enforcement, as an attempt to unlawfully deprive a parent their rights to access to their children.  That's generally considered kidnapping in the United States, and would be a federal offense the instant you crossed a state border.  The Feds are VERY good about prosecuting for it, too.  It's not worth running the risk.
1114657
You need to go to the court house family division and file for a court date.  Then contact a lawyer and they will file for temporary custody of the kids  till the judge decides what is best for them. The lawyer should be covered by legal aid especially if there is no income.  Tell her to get a job even if it's through a temporary agency for the time being, it will help keep her mind off of it, and will also show the judge that she is able to support the kids. Tell her to put the utilities in her name to establish a credit rating.  The cops will not go after him for the kids until she has it in place that temporary custody is hers. They don't consider it kidnapping since he is the father. Tell her to call children's services in her area and let them know of his problems and what has occurred they can help in getting the children back.  Been in the same situation so if you need more help just contact me.
816636
State custody laws differ, but in most cases, no, you are not allowed to take the children out of state.  In order to do so, you must petition the court for a change, and you must give the non-custodial parent time to respond.\n\nYou will probably have a hard time proving that the move will be in the best interest of the children as it inteferes with their access to the other parent (and vice versa).  Most courts would say this would not be in their best interest.\n\nIt really depends on the other parent.  You might try mediation to revise your cutody agreement.  If the non-cust. parent agrees with you, then you can, but get it in writing first.
506777
Hmmm...she better return to MI asap...if that is where they lived together as man and wife.  I lived in MI and they are very strict about both parents living in the same state so that the child always has access to both parents.  If she left the state, that is probably a point in his favor as far as custody goes.  I also went through this same thing with a friend of mine but she never left the state.\n\nRegardless of who gets custody, if the case is decided by Michigan, both parents will have to reside in that state...UNLESS one parent agrees that the  other may leave and the court approves it.  My friend has custody of their kids but the ex will not give permission for her/them to leave the state so the court says she must stay...even though it is documented (in police reports and court records) that he abused her.  MI wants both parents to have access to their kids.\n\nYour friend better get an attorney who knows MI child custody laws even if she has to return to MI to do so.  If she wants to keep her daughter, she needs to do whatever it takes.
718084
Why not see if you can get a free consultation with a lawyer or someone who can look over the papers and tell you what they mean.  It seems that if a parent didn't want visitation, they wouldn't be able to force it.  I mean, how would it be in the best interest of the child to send them to spend time with someone who wants nothing to do with them?  It wouldn't be doing the father or the child any good.  They shouldn't be concerned, especially if he is paying support and not causing any trouble with the girl and her mother.
1154302
Both parents are US citizens.  No matter where the child was born the child would still be a US citizen.