Is it kidnapping to take my child back to the state he was born in without fathers consent?

there's no custody papers, no marriage, nothing with my name to tie me here. The father has a under the table job and we stay with relatives.

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Attorney Answers (2)

Deborah G. Fiss

Deborah G. Fiss

Child Custody Lawyer - Jackson Heights, NY
Answered

While there may not be custody documents, since you as yet live together, if he is the legal father of the child, having signed an acknowledgement of paternity when the child was born, he may be able to prevent you from leaving. Your should obtain legal advice as to how you might be able to move with the Court's permission if the father will not agree

Lee Alan Thompson

Lee Alan Thompson

Child Custody Lawyer - Lancaster, OH
Answered

I wish I could answer this for you but it doesn't show what state you are in. State laws vary but not too much. In Ohio, without paternity established first and then a second action giving him rights to see the child, he has no rights to even see the child. So no, it's not kidnapping. Keep in mind though, if he does these things before you establish residence in another state for six months, you could end up with an action in the state you are leaving. Therefore, talk to an attorney in your state to get a specific answer. Good luck to you

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