Taking kids across State Line


#1

Not sure but I think that would be kidnapping if the father does not allow you to take them there due to the fact that he has the children with him and if so, you, from what you posted you will go to jail if all is right in the posting.
Good luck


#2

Unless there is a custody order in place, each of you can take the children and keep them. However, I don’t recommend this course of action, this generally causes a lot of trauma to the children and dispute through the parties. The state where the children have lived for the last six months, is the state where you must file for custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I am living in Virginia about 45 minutes from where my children are being kept with their father. There is no custody order in effect, nor is there any papers drawn up. He won’t let me take the kids anywhere, and I am only allowed to see them under his direct supervision, per his words. I want to fight for some sort of a custody arangement in court because he will not compromise with me for alternating weeks. I do not have the money to hire a lawyer in NC so I would like to file in Virginia. If I can get my children some how, will I get in trouble for taking them over the NC/VA State line to live with me until I can get a lawyer and take it to court ???

Brandy