How To Stop A Parental Kidnapping
Whether you are already divorced, about to divorce or just concerned about your relationship, you may be worried about your spouse threatening to take the children with them. It's easy to feel powerless and hopeless when a threat to what is so near to your heart occurs, but knowledge about this legal issue is a powerful deterrent against fear. The only force capable of separating you and your child legally is the court system, so read on for some information and tips to follow when your spouse is making threats about parental kidnapping.
Are You Being Emotionally Abused?
Abuse comes in many forms and emotional abuse perpetrated by a spouse that's threatening to abscond with your child is emotional abuse. You should never have to remain married to someone against your will because of your fears of losing your child. Whether you are still married or just separated, you have the legal means to protect yourself and your children against these threats.
Understanding Temporary Orders
Divorce is a process and it's not necessary to wait till it's final to take action. If your spouse is making threats about taking the children, be sure to let your divorce attorney know about it immediately. Your attorney will likely advise you to file for a legal separation. This document sets in motion several protective measures including orders pertaining to child custody, visitation, and support. Along with the separation agreement will come several orders that address not only issues connected to parenting but your financial and property affairs. While a truly determined spouse may not be cowed by legal orders, it won't hurt to create guidelines that establish clear protections for you and your child. If you feel the need, you can restrict visitation severely, such as not allowing your spouse to take your child more than 5 miles from your home.
Disobeying Orders
Once a custody or visitation order has been disobeyed, you have nationwide protection and enforcement available through the Parental Kidnapping Prevention Act. This act gives all jurisdictions the power to enforce custody-related orders within the United States. In the past, non-custodian parents who fled with their child could go before a judge and have custody orders amended – giving them full custody of a child, in some cases. This act prevents that as well as aids in the location and return of your child.
It should be noted that even if you are already divorced and your orders are permanent, you are entitled to the same protection noted above. If your spouse is attempting to prevent you from seeing your child, you have rights, and their actions may result in them being deemed unfit to visit or hold custody. Speak to an office like the Law Office of Faye Riva Cohen, P.C. to learn more.
