Getting Support When a Child is Abducted by a Parent

In certain situations, parents may try to regain control of child custody situations by suddenly moving with their children across state lines. These parents are typically hoping that the new state will rule in their favor — although federal law makes it a crime to relocate children without the knowledge of all parents and guardians. When a parent illegally relocates with children, it may even be considered abduction.

Abduction and custody decisions

For divorces that are filed in New York, the state typically has jurisdiction over all custody decisions, no matter where the parent relocates the children. When a parent unlawfully takes children across state lines, authorities set out to locate the children and return them to their home state. Such a transgression can impact a judge’s ruling on future custody decisions. Typically, it is difficult for parents who abducted children to gain full custody after the event.

Additionally, judges may see abduction as a form of child abuse. Abruptly relocating children without their consent or time to prepare can be extremely stressful and emotionally damaging. Further, intentionally separating children from the other parent may have an impact on their mental health for years to come. Behavior that is determined to be abusive will factor into the court’s decisions on child custody and visitation rights.

Legal implications of abduction

In the state of New York, parental abduction is illegal. Any parent who suddenly relocates children by moving them across state lines is committing a crime. If the parent does not comply with the authorities, and refuses to have the children return to their home state it may be considered a felony and can result in kidnapping allegations.

If your children may be in danger and you would like the guidance of a legal skilled professional, work with the trusted Long Island child custody lawyers at Bryan L. Salamone & Associates.


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