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What are the consequences for a parent, custodial or non-custodial to take a parent out of state to live without permission?

I am afraid that this may be an issue in my situation and I need to know the stipulations and consequences for situations such as this.

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Attorney answers (1)

Reputation Level 15
I'm assuming you mean "what are the consequences to take a "child" out of state?" Honestly that depends largely on whether there's a court order. If there is no court order and the parents were married when the child was born generally either parent can take the child out of state. It's up to the other parent to file in court and get an order (temporary or otherwise) ordering that the child be brought back within the court's jurisdiction. If there is a court order prohibiting either or both parents from taking the child out of state without notice or permission or both, than the remedy is a motion to show cause. This type of motion can result in finding of contempt for the parent who took the child out of the state in violation of the court order.

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