What can I do if my ex violates the custody agreement by taking our child out of state?

When a custody arrangement is in place, it is legally binding. If one parent violates the terms of the agreement, especially by taking the child to another state, that parent is in violation of the law. He or she can be jailed for parental kidnapping and can face a host of other legal problems. As such, if you find yourself unable to find your child after the other parent skipped town, you do have options.

Parental Kidnapping

Violation of a custody arrangement can constitute parental kidnapping in some instances. Whether or not your ex’s actions are are considered kidnapping will depend on exactly what he or she did, but as a general matter, moving without telling you of your child’s whereabouts or without getting permission from the court to move or modify the custody order will be considered parental kidnapping.

This means that once your ex is found, a number of things are likely to happen:

• He or she may face criminal charges and jail time.
• The custody arrangement will likely be changed. You will probably be awarded sole custody, and your ex will be awarded supervised visitation or prevented from having any contact with the child at all, depending on the circumstances.

Taking Legal Action

The first thing you will need to do if your spouse takes your child out of state is to contact the family court and law enforcement where you live. They will assist you in finding your spouse. If they are unsuccessful, you may  wish to hire a private investigator or turn to agencies designed to help find missing children.

Once your ex is found, the child will be taken away and your ex will be extradited back to the state where she violated the law in order to stand trial for parental kidnapping, if appropriate. The child will likely be placed into your custody as soon as he is brought back into the state, at least on a temporary basis pending final resolution of the kidnapping and custody issues.

If your child has been taken out of state, this is not an issue to handle on your own. Consult a lawyer as soon as possible in order to get help.

Case Studies: Ex Violating Custody Agreement

Case Study 1: The Smith Family

Mr. Smith violated the custody agreement by taking their child out of state without informing Mrs. Smith. Mrs. Smith immediately contacted the family court and local law enforcement to report the incident. With their assistance, Mr. Smith was located, and the child was safely returned to Mrs. Smith’s custody. Mr. Smith faced legal consequences for parental kidnapping and had to stand trial.

Case Study 2: Global Corporation

Global Corporation faced a custody violation situation when one of their employees, Ms. Johnson, took her child out of state without informing the other parent. Global Corporation promptly supported the affected parent by contacting law enforcement and cooperating in locating Ms. Johnson. The child was recovered, and Ms. Johnson was extradited back to the state to face trial for parental kidnapping.

Case Study 3: The Johnson Family

The Johnson family encountered a custody agreement violation when Mr. Johnson took their child out of state without the knowledge or consent of Mrs. Johnson. Concerned about the safety and well-being of their child, Mrs. Johnson immediately contacted the family court and local authorities. Despite initial difficulties in locating Mr. Johnson and the child, a dedicated team of investigators and law enforcement agencies worked together to track them down. Eventually, they were located and brought back to the state.

Once the child was safely returned, Mr. Johnson faced legal repercussions for violating the custody agreement. The court granted temporary custody to Mrs. Johnson while further legal proceedings took place to address the custody issues and ensure the child’s best interests were protected.