What is considered kid napping?
Long story short…my sister in law moved with her baby’s father and family to New Mexico, from Hawaii where the mother and child have legal residency. Baby was born in Hawaii. So her and the father are no longer in a relationship and she wants to move back home to Hawaii with Baby. Her Baby’s father was fine with it but now his mother is saying it’s kidnapping if my sister in law take Baby home with her. side note the parents of child are not married. Please I need urgent and clear answers. She feels unwelcomed and uncomfortable in that home with them.
What is considered kid napping?
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If no court order gooooo fast before u get served
Is the child native?
I’m from the islands and they won’t let anyone fight her for that baby
Talk to an elder
Is there a court order? If not, either parent can take the child anywhere, even out of the country. NAL
Not kidnapping. No court order, he said sure. If the Dad wants her to stay then he needs to file with the court
If there isn’t a child custody agreement in order with the courts, it’s not considered kidnapping. But if can file against you to try and make it where you can’t move so you’ll want to get some type of court order in place ASAP where you can move or reside in Hawaii.
Even if you get served first or don’t file first you still have rights. It just looks better if you file first.
I had a court order stating I couldn’t move out of two counties. The dad over 12 years had NOTHING to do with our son. Not even a phone call.
I move out of state because I didn’t think he’d contest it. His parents were bothered by it and paid for him to file on me for contempt of court to serve jail time for moving out of state. I hired an attorney and we settled on traveling for visitations and they acknowledged we moved and live in this state and etc. My son refuses to see or talk to them and the Dad who legally filed because it’s between us legally hasn’t called or tried to his my son since then either. We filed in Texas originally in 2008 and I moved to Oklahoma. Every state is different so make sure you look into the laws there but definitely act fast to put an order in.
Definitely get it in writing and notarized. But if he is okay with it (and it’s in writing!) It’s not kidnapping.
If your the parent and there is nothing with the court saying you can’t you can take the baby where ever you want to it’s called parenting not kidnapping if his mother takes the baby that’s kidnapping.
As long as father is ok with it. Get it in writing notarized. She will be ok
NAL: The child may be court ordered to stay in New Mexico if Dad files first. Mom needs to file a parenting plan immediately in Hawaii or New Mexico so custody and visitation can be set for both parents. Many of the above comments are providing incorrect info. Seek an attorney’s advice in New Mexico and Hawaii.
Hawaii resident here: is he on birth certificate? If there’s no custody order she can legally take him and move no problem. Baby was born here as well. If babys race is also actual Hawaiian have her call the Kingdom Court Clerk to discuss more.
Get it in notarized writing and she’s good to go. The grandmother just wants to keep the granddaughter
If there’s no court order in place and the child’s father is ok with it then no, it’s not kidnapping. I would suggest maybe having the father write something saying he’s ok with her moving and taking the child and have him sign it. His mother is trying to force her to stay with fear tactics.
If there’s no court order, she needs to leave immediately before they file something and she has to fight it. Once shes back in Hawaii with the baby, she needs to file for full custody, again immediately, before they file something.
If they do not have any court order to say she can go where ever..but so can he..Once she leaves she needs to get something going ASAP in Hawaii, because if his mother urges him to do it first, then she may not have a choice and baby will have to go w dad.. it’s basically who does it first
Each state has different laws about taking the child across state lines without the other parents permission. If the father is ok with it then she needs to get it in writing and notarized. It’s not up to his mom.