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(b) Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.
In the case of parental alienation, it means steps (often planned and malicious ones) a parent takes to isolate the child or children from the other parent through words and conduct and to create a division, estrangement and even hostility between the victimized parent and child.
In Idaho, there is not a set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
In Idaho, interfering with child custody and visitation orders is against the law. If your custody rights are being threatened, you want experienced custody attorney Merrilee A. Parr.
Idaho Code § 18-4504 dictates that all other forms of kidnapping (including interference with child custody) can be classified as Second Degree Kidnapping, which carry penalties of 1 ? 25 years in prison.
Custody and Parenting Time Agreements in California In general, the parent wanting to take the child out of state will need the other parent's permission if they share custody, especially if it will interfere with the other parent's right to visitation.
A parent is always free to move, but if a parent wants to take the children along, over the other parent's objection, the matter will end up in court, where a judge will decide if the children should relocate as well. The judge will look at the history of the case.
Can I Move Out of State with My Child Even if My Ex Disagrees? It is never a good idea to move out of state with your child without the blessing of the court. If you leave without the permission of a judge, you could be ordered to return your child to your prior residence.