Kidnapping

This is a discussion on Kidnapping within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My daughter is married with two kids & currently living in Delaware. She is not a resident of Delaware. She is an Arizona resident. Her husband is physically abusive. They ...

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  1. #1
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    Kidnapping

    My daughter is married with two kids & currently living in Delaware. She is not a resident of Delaware. She is an Arizona resident. Her husband is physically abusive. They are talking about divorce - no paperwork has been filed at this time. She is fed up with the abuse. Can she legally take the kids and go back to AZ without being charged with kidnapping her children?


  2. #2
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    Yes she can. Since there is currently no custody order in place, she can move with the children.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Have the kids been in Delaware for 6 months? If not, they are still AZ citizens. She can take them home and file for custody.