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Does it considered kidnapping if I left my husband’s house with my baby ?

Minneapolis, MN |

I am in abusive Relationship and before filing for divorce or processing restraining order , I am thinking to leave for friend’s house with our 2 year old child . Does it regard as I kidnap his child ( our child ) ?

Attorney Answers 3


If there is no custody order issued by the court, then you as a parent have the right to bring the child to your friend's house. I would advise you to file for an Order for Protection as soon as possible. You can do this on your own, or with the help of an attorney. If you go to, you can find information on applying for the OFP.

I hope you find this information helpful and feel free to contact me if you have any further questions. I wish you the best of luck.

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No it is not considered kidnapping. Also, before you go anywhere, consult a local battered women's advocacy group and tell them your situation. They can help you develop a safety plan to get out of the situation as well as assist with starting the legal process for an order for protection.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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I agree with counsel, if you are suffering any kind of domestic abuse, you should seek an order for protection for you and your child immediately. However, provided there is no existing order relative to custody, moving out will not be considered kidnapping. I recommend speaking with a lawyer to fully evaluate your situation and discuss your options.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.

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