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Question: I'm not happy with my marriage and my husband is saying he is moving out and he is taking our 5 year old from me. Possibly moving to Indiana. My background isn't perfect, mostly drug charges from the past. He will try to use it against me. Can he legally take my son. With out my knowledge. And if he dose move out, can I go take my son back. Can he take him, or is it kidnapping. What are my rights?

Answer: You may want to contact an attorney to assist you with your case.  You can see if you qualify for free or reduced legal services by answering questions at http://www.azlawhelp.org/accesstojustice/
Since you currently both have custody of the child it may not be considered kidnapping if either of you take the child. 

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QUESTIONS

  • I'm not happy with my marriage and my husband is saying he is moving out and he is taking our 5 year old from me. Possibly moving to Indiana. My background isn't perfect, mostly drug charges from the past. He will try to use it against me. Can he legally take my son. With out my knowledge. And if he dose move out, can I go take my son back. Can he take him, or is it kidnapping. What are my rights?

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