What laws are there against a non-custodial parent taking away the children?

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Question:

What laws are there against a non-custodial parent taking away the children?

Answer:

There are a variety of different laws against a parent taking away a child when he or she does not have custody. In most cases, this is referred to as either:

  • Custodial interference or
  • Parental kidnapping

depending on the circumstances. If a non-custodial parent takes a child and fleas to another state or attempts to flea to another country, things become even more serious and the potential penalties get more stringent. 

For example, parents who take a child when they do not have the legal right to do so can face either felony or misdemeanor charges and can be subject to jail time, fines, community service and other serious penalties.  

Laws such as the Parental Kidnapping Prevention Act and the Uniform Child Custody Jurisdiction Act all exist in order to stop the practice of parental kidnapping and to make sure that a child remains with the parent that the court ordered the child be under the care of.

If you believe your child's non-custodial parent is guilty of taking the children unlawfully or of parental kidnapping, it is imperative you consult with an experienced attorney for help as soon as possible. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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