Would I be charged with kidnapping if I were to move to another state?

Question:

My sons dad has visitation on the weekend but recently my ex husband (not my sons dad) was charged with conspiracy to murder my children. Can I move to a different state or will I be charged with kidnapping?

Answer:

You would not likely be charged with kidnapping, but you run a strong probability of the court awarding the children returned and the children then being awarded to their father.

You must obey the provisions of ARS25-408 and give dad 60 days notice to relocate the kids. If dad objects, there is a strong possibility you would lose a court battle. I have attached a link to ARS25-408.

Read it carefully and I suggest you consult a family law attorney before making any move.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

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