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SPARC Custody FAQ

27. The unmarried father of my child says if I leave the state with our daughter to go visit my dad, he'll have me arrested for 'kidnapping'. Can he do this?
It's unlikely that you would be arrested for taking your child out of state, unless one of the following conditions applies:
  • There is a restraining order that prevents the child's removal from the state.
  • You are not the custodial parent and don't have the custodial parent's permission.
  • You are attempting to conceal the child and/or better your position in a divorce or custody dispute.
  • Your actual intent is to move the child permanently to the new state.

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