Parental Kidnapping and How to Avoid Becoming A Victim - Garrett Law Group

As documented by the Department of Justice, about 200,000 children are subjects of parental kidnapping each year. 6 % of these parental kidnapping incidents are open for six months or longer. Unfortunately, some haven't ever been closed at all. This is a shocking, albeit sobering, stat. The individual that a parent should be able to depend on with their kids, the other parent, their spouse, can also become so cold and callous as to betray the faith of not just their significant other, but the trust of their own child!  rnParental kidnapping does not just up and occur by chance. Certainly, the crime itself comes as a surprise to most, but you can always find variables that create the parent's feeling of frustration and those examples are almost always the effect of a recent divorce, in addition to loss of the child by way of a child custody case.  rnWhat is Parental Kidnapping, Exactly?  rnTo determine parental kidnapping, the parental right of child custody must be discussed first. The reason being is the parent who is determined by the court as the child's legal guardian and/or given child custody, can rightly take that child anywhere they desire within reason.  rnChild custody begins and ends with the true natural parents of a child. Void of any uncommon mitigating factors, parents can make most decisions relating to how, and also where, they prefer to raise their child. The parent has the legal authority to choose the child's schooling, their medical care, religious beliefs and the issue at hand, location of the child's home. The laws are quite clear and parents do not have to ask the judge for legal right to make these decisions regarding their child.  rnThe issues that reflect back concerning parental kidnapping and which parent is the victim encompasses those special mitigating issues. Of which, there are several. Although these occasions could be a parent's ability to make these choices, both legally and rationally, has come under question due to their mental ability, or even their physical capacity. Such as if one parent was suffering from dementia, or was in the penitentiary, positioned in foreign lands, etc. In this sort of situation, attorneys would ask the family court for a child custody hearing. The complexities might be numerous, nonetheless it typically involves just one - divorce.  rnParental Kidnapping and The Role Divorce Plays;  rnDivorces concerning child custody are as intricate and complex as any lawsuit that has. In circumstances pertaining to child custody, lives are held in the balance. The fate of a child, plus the absolute heartbreaking loss of one of the two parents taking part sits directly at the feet of the judge. Child custody is a serious hearing in the lives of families associated.  rnOnce a divorce has been filed, the divorce attorneys for both parties will talk about child custody, whether it be joint custody or sole custody, visitation rights, financial obligations, health care insurance coverage for the child, child support and various additional specifics still to be haggled over in family court. Unfortunately, if there is no joint agreements made on the subject of joint custody between the mother and father, one will most likely walk out of court having lost their entire family with the stroke of one pen.  rnHaving lost legal custody of the child, the parent has a diminished legal right to make decisions in regards to the rearing of that child. From that point on, any right of that parent is permitted solely depending upon any conditions and terms agreed upon by the parties, divorce lawyers and ordered by the judge. This may sometimes be more psychological discord than an individual can accept. It is this experience that could very well lead to this generally reasonable and rational person to commit a wholly unreasonable and irrational wrongdoing - parental kidnapping.  rnWhen, one parent, voluntarily and knowingly takes a child with the intention to deny the custodial parent of their legal rights recognized under the court's order of child custody, has committed the crime of parental kidnapping. It matters in no way what county, what city, nor what state an individual suspected of parental kidnapping might go. Under the federal laws that oversee such affairs, the Parental Kidnapping Prevention Act strictly enforces the child custody decision made by the judge of any and all states. Every state will adhere to, maintain and honor the custody determination of another state.  rnWhat to Watch For;  rnIf you, or somebody you know or love has recently, is presently having to deal with a divorce which involve child custody, there are particular indicators you, or they, ought to be on the lookout for to possibly avoid being, in addition to the child being, the victim of parental kidnapping. Throughout the procedure, if a parent begins to present warning signs of not being psychologically, or mentally intact as they were in the past, advise your divorce lawyer of this and let it be identified and documented. The person could actually be in need of psychological help or counseling to be able to better manage the events unfolding outside their control. It is logical, though in the mean time, be on guard.  rnAn additional signal to look out for is after the proceedings have all taken place and things have to some degree settled down, the parent begins giving back the child from visitation later than decided. It is best to have your divorce lawyer make the periods of visitation recognized in the court documents. Both sides should know and agree on these times and they ought to be honored and enforced. If the time of return begins to be an issue, politely remind them of the order of the judge and contact your divorce lawyer and ask his or her suggestions about the matter at once.  rnWhenever the parent states or does anything that slightly suggests there may be a concern, or if they ever threaten in anyway the possibility of not returning the child, or "taking the child away and you never ever see them again", promptly end all contact with the parent and promptly call your divorce attorney and law enforcement. By no means take this kind of threat as a ruse and never permit your child go away with the parent without supervision again. Have your divorce lawyer ask the judge for the visitation to be suspended and/or supervised.  rnIn The Event Of Parental Kidnapping;  rnShould the parent leaves with your child for any excuse that you weren't made previously aware of, there may be a concern and you need to start calling the other parent immediately. After several phone calls and no reply and no return telephone call, call the police and have them drive to the parent's house to check things out. Do not go by yourself! Anything could happen when dealing with someone potentially volatile. At the first indication of parental kidnapping, call the authorities. The sooner the police can begin working on the case, the better the chances of a speedy reunion with you and your child.  rnTypically, the victimized parent does not want to consider their ex might be capable of parental kidnapping. It is this refusal that permits critical minutes and hours tick away and the child to get further and further away from home. Again, parental kidnapping occurs 200,000 times each year, according to the Dept. of Justice. Take notice, be on guard, do not tolerate threats and your child won't become 200,001.