My husband and I live in Florida, but I wish to leave him and move closer to my family and take our son with me. Would it be kidnapping if I were to take our son out of state without his fathers/my husbands permition?
Generally if a divorce has not been filed, you cannot be charged with kidnapping your own child or custodial interference with removing your child from the state. Check with a local family law attorney.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
Florida has a relocation statute, Chapter 61.13001, Florida Statutes, which must be complied with to legally move more than 50 miles with your son. If you file for dissolution of marriage, you need to include a separate count (legal action) to move more than 50 miles from the marital home.
If you were to move without permission from your husband or comply with 61.13001, your husband could obtain an injunction preventing your from leaving the jurisdiction and/or issue and order requiring you to return to Florida with the child or your husband would be given the majority of the timesharing with your child.
It is highly recommended that you consult with a family lawyer before making any move. You can find highly rated family lawyers using the Find a Lawyer tool on Avvo's website. Please let me know if this answer was helpful by hitting the helpful button. Good luck.
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