When a relationship ends in divorce or two parents can no longer handle the demands of a co-parent, parental kidnapping may be a danger. If you are concerned that the other parent of your child or children may commit parental kidnapping due to your estranged custody situation, you can take steps to help avoid this painful outcome.
Preventing Parental Kidnapping
The resentment, hurt and anger that accompany many divorces can lead people to make unhealthy and poor decisions about their own children. Children are generally better off if they have the benefit of having both of their parents involved in their lives at least at some level. If a parent is not safe for a child, then that can be established through court proceedings as well.
Parental kidnapping involves the taking, retention or concealment of a child by a parent in derogation of the custody rights, including visitation rights, of another parent or family member who has the right to custody or visitation. The effect on children can be devastating.
All fifty states have laws that make it a crime to commit parental kidnapping. It can also impact future custody rights of the abducting parent.
Seek a court order mandating that a parent who you are concerned about not leave town with the children without permission. If you have suspicion that your ex-spouse is leaving town with the children, you can contact local law enforcement if you have such an order in place.
An attorney can help a parent who expresses concerns about potential abduction by the other parent by evaluating the reasonableness of suspicion. If warning factors are present, the lawyer should seek safeguards such as a restraining order until the case has been resolved. You must be prepared to persuade a judge to make an order to prevent the kidnapping. Not all family law judges will have experience with kidnapping cases, so you may have to present a strong case to get an order of protection.
Getting Legal Help
An experienced family law attorney can help you file the necessary paperwork to help prevent your ex from taking your child or children out of state or abroad. Kidnapping is a serious criminal offense which can have state and federal criminal penalty implications. An attorney can help you deal with the legal aspects of preventing parental kidnapping if it is a concern in your case.
