For example, if your spouse is abusive and you leave the state with the kids to get away from them, you may think you are doing the right thing.
However, your spouse may obtain to get emergency custody because you took the kids out of state without their consent. You may want to seek a domestic violence protective order in this type of case. Consult a family law attorney if your kids were taken out of state without your consent or if you are considering leaving the state with your children. King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day.
Call KING today for a consultation with one of our dedicated family law attorneys. What is Parental Kidnapping? Parental kidnapping also happens when a child is abducted from a custodial parent abroad and transported into the United States by the non-custodial parent illegally. Make no mistake — parental kidnapping is illegal. Parental kidnapping is far more than a dispute regarding custody matters between divorcing parents.
Such matters are relegated to the civil courts; however, parental kidnapping is a criminal act. In fact, parental kidnapping violates the laws of all U. It is dangerous and can be deadly. Parentally-abducted children live a life on the run as if fugitives. It is not uncommon to see a child receive a new name, nickname, haircut, dyed hair, glasses, or otherwise altered appearance. Children may be coached not to reveal their true names, birth dates, home states and addresses, and other identifying information.
Many physically abusive parents insist that their actions are a form of disciplines to make their children learn how to behave. There is a huge difference between giving a child a swat on the butt and twisting the child's arm until it breaks.
One of the most painful effects of child abuse is its tendency to repeat itself. One out of every three abused or neglected children will grow up to become an abusive parent. The earlier abused children get help, the greater the chance they have to heal from their abuse and not perpetuate the cycle. As the parent, you are responsible for what happens to your child, even if you aren't the one who actually committed the abuse. If you are a victim of spousal abuse, you need to get help immediately.
There are a variety of resources that can help you. They can provide crisis intervention, information and referrals for victims of domestic violence. Learn how to spot the signs of physical abuse of children such as unexplained bruises, welts, or cuts. Look for injuries that appear to have a pattern such as marks from a hand or belt. A child's clothing may be inappropriate for the weather such as heavy, long-sleeved pants and shirts on hot days that may be covering up injuries.
Signs of sexual abuse may include bloody or torn underclothes, swelling or bleeding in the genital area, or trouble sitting or standing. They may appear to avoid another person, or display unusual behavior. Older child might resort to destructive behavior to mask the pain by using alcohol or drugs or self-mutilation and even attempt suicide. If they are a victim of neglect, the child may look dirty or appear to have consistently bad hygiene, such as matted and unwashed hair, or noticeable body odor.
Untreated illnesses and physical injuries are also signs of neglect. A common reaction to news regarding child abuse is denial. You should remain calm and reassuring if your child begins talking to you about abuse.
The child is looking for you to provide help and support. Let the child explain in her or her own words what happened and don't interrogate the child or ask leading questions. Reassure him or her that you take them seriously and that it is not their fault. If a child is in immediate danger or has been severely injured, call or other emergency services. When you suspect a child is, or at risk of being abused, it is important to take action. Your local hospital may help connect you to local resources.
Many hospitals have programs specifically related to child abuse and maltreatment. There are many resources that can assist by providing temporary shelter, free counseling and financial aid.
Do not stay in an abusive situation and protect your children at all costs. This tells the abuser to stop harming or threatening you, your children, and to cease contact with you at home and at work, and at your children's school or daycare facility.
A federal law makes it a crime for a person to posses guns if they have an Order For Protection against them. If the abuser owns or has guns, in your petition, you should ask the court to order the abuser to turn all guns over to the police. This is a civil order for victims of domestic violence in which the court instructs the abuser who threatened or assaulted you, not to harm you again. This can be done at any local court. This is a criminal order for victims of domestic violence, after criminal charges have been filed against the abuser.
The state relocation and parental kidnapping laws also apply. To find out how these factors may affect your ability to leave the state with your child, we strongly suggest showing your custody order to an attorney who specializes in custody for specific advice. Being charged with either may put you at risk of losing custody as well as other penalties.
Also, often times when a custody case is pending ongoing , both parents may be prohibited from removing the child from the state jurisdiction. If leaving the state would violate your custody order, you may need to ask the judge to modify the order to allow for your child to leave the state. If the other parent agrees to allow you to leave the state in violation of the custody order, you may want to ask an attorney whether getting written, notarized permission from the other parent would be enough to protect you from a later accusation of parental kidnapping or violation of the court order or not.
Often when one parent files for custody, the court automatically enters orders prohibiting either parent from removing the child from the state. If you have a current court action of this sort, then you may want to ask the judge or your attorney if you can take the children out of the state. Also, keep in mind that once a court action is started in one state, then that state court generally has jurisdiction power over the case until it is finished.
If your case is finished and you want to try to change a final custody order in a different state, go to our Changing a final custody order page for more information. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. Select a state to view its legal info: View a state When the other parent wants to take your children out of the state I am afraid the other parent will take our children out of the state.
What can I do? How can I keep the other parent from taking my children out of the country? When you want to take your children out of the state Can I move my children out of the state? Can I get temporary emergency custody before or after moving with my child?
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