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Child Abduction

Unfortunately, national and international parental child abduction occurs more than we'd like to believe. According to the United States Department of Justice, every year about 350,000 children are victims of child abduction during the process of their parent's separation or divorce.

Prior to 1968, jurisdiction in child custody cases was dependent on a child's physical presence in the state. This legal climate harbored child abduction because it gave parents the ability to choose the state that would determine child custody, thus giving them an incentive to legally kidnap their children.

Since then, the United States has enacted several laws including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), which are designed to deter interstate parental kidnapping and enforce child custody and visitation orders established by sister state courts. These laws, the issuance of criminal warrants and other deterrents are potential ways to help prevent parental child abduction from occurring during your divorce process.

However, if your divorce is extremely messy and you have reason to believe your spouse may kidnap your child, you need to be prepared. The following is a list of tips that may help you prevent parental child abduction:

  • Contact the police if your former spouse has threatened you or your child. The threat of a kidnapping alone may be grounds for legal relief including court-ordered protection. It is wise to seek the assistance of a qualified family law attorney who will maximize your legal options.
  • Notify schools, babysitters, or daycare of the threat of a potential child abduction by the non-custodial parent. Provide a certified copy of your child custody court order to teachers, babysitters, and daycare staff and instruct them to ensure your child doesn't leave with anyone that is not authorized in accordance with the court order. However, be sure to note that falsely accusing your former spouse may have legal consequences. Speak to a family law lawyer before acting.
  • Record all factual events , including threats from your former spouse, in an easily accessible journal, which will come in handy when working with the police and/or your attorney.
  • Keep a list of the names, addresses, phone numbers, social security numbers of all potential child abductors and their relatives.
  • Photograph your child once a month . This photo should be similar to a passport photo. Furthermore, keep a full description of your child including physical characteristics and other identifiers such as birthmarks or piercings.

Please contact us today to learn more information about parental child abductions or to speak with a qualified and experienced family law attorney who can protect your legal rights and determine the best way to protect your interests.

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