Parental Kidnapping Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Family Law Issues:

78 percent of all child abductions in the United States occur when a parent or a family member kidnaps their own children. If a parent kidnaps the child and moves to another state it is a federal issue. If a child is abducted and brought to a foreign country, the Hague Convention on Civil Aspects of International Child Abduction deals with it if the country the child is taken to is part of the convention.

What Do I Do if My Child Has Been Kidnapped by the Other Parent?

It is very important that you immediately call the police, so they can use all resources to assist you. You should also contact a lawyer so you can do all that¿s possible to get your child back.  

What Happens if the Child is Taken Over a State Line?

All states should recognize and enforce another states custody decision under the full faith and credit clause of the U. S. Constitution. However, many states have in the past sometimes ignored this clause because of differences in individual state laws. New federal laws have made it clear that a custody order must be followed. The federal Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) closes the loop holes for the 38 states that have signed it. States that have signed it are for example, Texas, New York, California, Illinois and Florida.

Is it a Felony to Abduct Your Own Child?

In the 38 states that have signed the UCCJEA, it is for example a felony to kidnap your own child. It also prevents parental abductors from obtaining custody orders outside the child¿s home state (link to page ¿Interstate Child Custody Problems-jurisdiction¿).

Do I Need a Lawyer?

To protect your children from a possible parental abduction or to try to get them back if they have been abducted, it may be wise to consult with a family lawyer to discuss what your best options are. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.

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Last Modified: 01-14-2014 01:45 PM PST

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