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Blog · April 29, 2015

Is it kidnapping when you relocate your child to another state? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Is it possible that I have a warrant for my arrest?  The father of my 5 month old son just told me that there is a warrant out for my arrest. He is the biological father of my son, but he is not on the birth certificate or anything. He has no legal obligation to my son and I have not put him on child support. We lived 4 hours away from each other in Florida, but I moved to Texas 3 days ago because my family lost the house in Florida. He was upset and said he wanted the address to where I was in Texas. I didn’t give it to him because he was threatening me. I guess he called the police in Texas and now he claims there is a warrant for my arrest for kidnapping. Is that even possible? There is no court order and he is technically not my son’s legal father as of yet. What are my options? What should I do? Florida has jurisdiction of my son.
A:     Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

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Answered .  I don’t know if you have a warrant or not (anything is possible) but I do know that, absent a Court Order restricting your parental rights, it is legally impossible for you to kidnap your own biological kid. 

So if that is “His” claim then I call “BS” on it.  (Note that this does not preclude the possibility that “He” found the world’s dumbest cop in the world’s dumbest department… there’s a reasonable possibility that both exist here in the 305, but while this is “possible” this remains well beyond the realm of the “probable”).

There are rules in FL about relocating a minor w/o a court order (See F.S. 61.13001 – http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html – which makes it unlawful to move a child sans a Court Order more than 50 miles from her/his residence) but this only applies where the child is subject to the UCCJA (Uniform Child Custody Jurisdiction ACT) and another parent / person has legal rights to the child.  In this case, absent a declaration of paternity even that would not apply to you, leaving you free to relocate with neither permission being required nor your being subject to prosecution for your unilateral decision.  “He” is free to file a paternity case and establish parental rights, but that has no bearing on what you have done.  Yup… I definitely call “BS” on this one.


My advise:  Establish TX residence for you and your child and force him to levy and family law fight there.

I hope I’ve been helpful to you.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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