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Speak Up! - View Question #167 |
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Question: I live with my mom and I want to live with my dad because me and my mom don't get along. My mom says that she won't let me go live with him. I don't want to stay with my mom, is there a law saying that if my dad takes me, he'll be charged with kidnapping?
Answer: If your mother has legal custody of you and your father takes you from her, he could be charged with custodial interference, a class 6 felony. If your father takes you out of state, he could be facing a class 4 felony. Your father must request a change of physical custody through the court, which may or may not be granted, depending on the circumstances of the case.
In any case, taking you from your mother without first obtaining the court's permission is not the solution. You might consider speaking with your school counselor about the problems you are having with your mother, maybe the counselor could help both you and your mom learn to get along better.
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