Robert W. Davis, Jr.,
Attorney at Law
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Is a parent taking a child out of state considered kidnapping?

On Behalf of | Jun 25, 2018 | Firm News |

Custodial rights can become complicated given the variety of Mississippi child custody laws that could make impact the consensus reached in court. Let’s take a look at some of the factors that may affect these cases:

The custody arrangement

Generally, a parent in Mississippi has the right to take their child or children to live with them out of state if there is no custody order in place. If there is a custody arrangement, it will be checked for clauses that explicitly prohibit the custodial parent from relocating the child to another state.

However, the parent can also seek a modification of the existing child custody arrangement. To grant this modification, the court may base considerations on some of the following questions:

  • Does the move improve the quality of life for the child, custodial parent or both?
  • Is the move being made out of malicious intent?
  • Does the custodial parent want to move in order to prevent the child from contacting the non-custodial parent?
  • Does the move impact the child’s education?
  • What are the objections of the non-custodial parent?
  • Is the non-custodial parent willing to take extended periods of parenting time in exchange for allowing the custodial parent to move out of state with the child?

The child’s best interests

Examples of factors that determine a child’s “best interests” include:

  • The consistency and continuity of the child’s life (family, friends and education)
  • The ability of the parent to meet the child’s needs (physical, emotional, developmental, educational and special needs)
  • The nature of the relationship between the parent and child
  • The likelihood of the parent to maintain the stability of the child’s life

If you feel that a child is being wrongfully taken away from you, consider talking to an attorney with experience in both family law and federal criminal defense can help you understand your rights and fight for them.


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