As mentioned by the Department of Justice, an average of 200,000 children are victims of parental kidnapping on a yearly basis. 6 % of these parental kidnapping instances are open for six months or longer. Regretably, some never have been closed at all. This is a overwhelming, although sobering, figure. The individual that a parent should be able to depend on with their children, the other parent, their spouse, can also come to be so cold and callous as to betray the faith of not only their significant other, but the trust of their own child!

Parental kidnapping does not just up and occur out of nowhere. Certainly, the crime itself comes as a surprise to most, but the truth is you can always find events that create the parent's feeling of desperation and those conditions are almost always the result of a recent divorce, along with the loss of the child by means of a child custody case.

What is Parental Kidnapping, Exactly?

To determine parental kidnapping, the parental right of child custody must be discussed first. The reason being is the parent who is determined by the judge as the child's legal guardian and/or granted child custody, can lawfully carry that child just about anyplace they would like within reason.

Child custody starts and ends with the true natural parents of a child. Devoid of abnormal mitigating circumstances, parents can make nearly all decisions concerning how, and additionally where, they choose to raise their child. The parent has the legal authority to select the child's schooling, their healthcare, religious beliefs and the subject at hand, location of the child's home. The laws are quite clear and parents are not required to petition the judge for legal right to make any of those decisions regarding their child.

The issues that reflect back relating to parental kidnapping and which parent is the victim surrounds those extraordinary mitigating issues. Of which, there are a few. Although these instances might be a parent's capacity to make these judgements, both legally and rationally, has come under question due to their intellectual ability, or even their physical capacity. For illustration if one parent was suffering from dementia, or was in jail, positioned out of the country, etc. In this type of instance, lawyers would ask the family court for a child custody hearing. The complexities could be limitless, however it typically involves just one - divorce.

Parental Kidnapping and The Role Divorce Plays;

Divorces relating to child custody are as challenging and complex as any lawsuit which has. In situations pertaining to child custody, lives are held in the balance. The destiny of a child, in addition to the full tragic loss of one of the two parents taking part sits directly at the feet of the court. Child custody is really a substantial hearing in the lives of families associated.

Once a divorce has been filed, the divorce lawyers for both parties will discuss custody of the children, whether it's joint custody or sole custody, visitation rights, financial obligations, medical insurance for the child, child support and various other particulars still to be haggled over in family court. Unfortunately, when there is no mutual agreements made relating to joint custody between the mother and father, one is going to walk out of court having lost their entire family with the stroke of a pen.

Having lost legal custody of the child, the parent has a diminished right to make decisions in connection with the raising of that child. From that instance on, any right of that parent is allowed entirely depending on any stipulations decided on by the parties, divorce lawyers and ordered by the judge. This may sometimes be more psychological turmoil than an individual may accept. It's this experience that may potentially stimulate this typically logical and rational person to commit a completely illogical and nonrational criminal offense - parental kidnapping.

When, one parent, willingly and purposefully takes a child with the motive to deny the custodial parent of their rights defined under the judge's order of custody, has committed the crime of parental kidnapping. It matters in no way what county, what city, nor what state someone suspected of parental kidnapping might go. Under the federal laws that oversee such situations, the Parental Kidnapping Prevention Act strictly enforces the child custody decision made by the judge of any and all states. Every state will value, maintain and honor the child custody determination of another state.

What to Watch For;

If you, or someone you care about or love has recently, is presently experiencing a divorce that involve child custody, there are particular warning signs you, or they, must be on the lookout for to possibly avoid becoming, in addition to the child becoming, the victim of parental kidnapping. Throughout the procedure, if a parent begins to display warning signs of not being psychologically, or mentally intact as they once were, notify your divorce attorney of this and let it be known and reported. The individual could actually be in need of psychological assistance or counseling in order to better manage the events unfolding outside of their control. It is understandable, though in the mean time, be on guard.

Another signal to watch for is after the proceedings have all happened and things have relatively settled down, the parent starts returning the child from visitation later than decided. You should have your divorce lawyer make the times of visitation noted in the court paperwork. All parties ought to know and acknowledge these times and they ought to be honored and enforced. If the time of return starts to be an issue, kindly remind them of the order of the judge and call your divorce lawyer and ask his or her recommendations on the issue at once.

Anytime the parent states or does something that slightly implies there could be a problem, 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", without delay conclude all contact with the parent and immediately call your divorce lawyer as well as the police. Do not ever take this type of threat as a ruse and never let your child leave with the parent without supervision again. Have your divorce attorney ask the court for the visitation to be suspended and/or supervised.

In The Event Of Parental Kidnapping;

If ever the parent has left with your child for any reason in which you weren't made previously aware of, there could be a concern and you ought to begin phoning the other parent immediately. After a few phone calls and no response and no return phone call, call law enforcement and have them go to the parent's home to check things out. Never go by yourself! Anything might happen while confronting someone perhaps volatile. At the first symbol of parental kidnapping, call the authorities. The quicker the police can begin focusing on the case, the better the odds of a speedy reunion with you and your child.

Very often, the wronged parent doesn't want to consider their ex could possibly be capable of parental kidnapping. It's this refusal that allows 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.