A parental kidnapping can be the beginning of a nightmare for the other parent. Securing the child’s return is imperative and should be done quickly.
When parents split up, one of the biggest issues they will have to deal with is child custody. In most cases, the parents will agree on shared custody for the best interests of the child. However, there are situations in which the parents will argue over custody. They may want sole custody and will do what they can to keep the other parent away. This may include taking the child out of the state.
This may be considered kidnapping based on the circumstances. Even a married parent who takes their child out of the state to keep them from the other parent can be charged with parental kidnapping.
The Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) is a law designed to deter interstate parental kidnapping and promote uniform jurisdiction and enforcement provisions in interstate child custody and visitation cases. The UCCJEA, however, does not dictate standards for making or modifying child custody and visitation decisions. It only determines which states’ courts should exercise jurisdiction to do so.
Parental kidnapping cases can be complex and emotionally charged. They require swift legal action to resolve. It is essential for parents facing custody disputes to familiarize themselves with the laws in their jurisdiction and seek legal advice to protect their rights and the best interests of their child. See how the experienced team at Tanis McGonegal can help.
PKPA and UCCJEA
The Parental Kidnapping Prevention Act (PKPA) is a federal law that works alongside the UCCJEA to establish standards for child custody jurisdiction. It determines the child’s home state, which is where the child has lived for at least six consecutive months at the time of filing for custody orders. This is also the state that has the authority to issue and modify child custody orders.
The PKPA was enacted in 1980 to prevent forum shopping, which is when a parent tries to get orders in a state with more favorable custody laws. This is not as common anymore due to the PKPA and UCCJEA.
What to Know About Parental Kidnapping
Here are some things to know about parental kidnapping:
- Jurisdiction. Laws often specify which court has jurisdiction over custody matters and what actions can be taken in case of abduction across state or international borders.
- Custody orders. Courts issue custody orders outlining the rights and responsibilities of each parent. Violating these orders can result in legal consequences.
- Definitions. Laws define what constitutes parental kidnapping or abduction. This might include taking a child without permission, keeping a child away from the other parent beyond agreed-upon visitation times, or relocating a child without permission from the court.
- Penalties. Penalties for parental kidnapping vary by jurisdiction but can include fines, imprisonment, or both. The severity of the penalty often depends on factors such as the duration of the abduction, the distance traveled, and whether the child was harmed.
- Exceptions. Some laws may provide exceptions to parental kidnapping charges in cases where the abducting parent reasonably believed that taking the child was necessary to protect them from harm or abuse.
Complexities Involved
When parental kidnapping occurs, courts do not always favor the other parent. They will typically consider the circumstances that led to it and how it affected the child. For example, the Court may consider whether domestic violence is a factor.
Even if the child wants to be with the abducting parent, keeping a child away often means that the parent is not going to support the child’s relationship with the other parent. Judges take this seriously and may limit the offending parent’s parenting time.
If the abducting parent causes physical or psychological harm to the child, the courts are expected to protect the child. In some cases, the other parent may get sole physical custody.
Contact Us Today
Child custody can be a contentious issue in a divorce, possibly leading to situations such as kidnapping.
When this happens, it can be a frightening situation. The Colorado child custody attorneys at Tanis McGonegal can help you begin taking action right away to enforce your parental rights and secure the return of your child. To schedule a free consultation, call (303) 465-4605 or fill out the online form.
