Parental Abduction Laws
What is Parental Abduction?Parental abduction is described as “the taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights, of another parent or family member” (Girdner, 1994b, p. 1–11). Abductors might be additional family members or their agents like boyfriends, girlfriends, or even a private investigator, even though in the majority cases the abductor is a youngster’s parent (Girdner, 1994c).
What is the law in the state of Indiana about parental kidnapping?In the state of Indiana parental kidnapping is the disobeying of a court order of custody and keeping the child at a time when the order states otherwise. This is not the denial of visitation, it has to do with the failure to return a child to the custodial parent and if that is what is happening then it should be reported to the police for kidnapping. When a parent does not comply with court ordered visitation, the proper recourse is filling an order to show cause for contempt of court.
Can someone file kidnapping charges against the mother of the child for violating their custody agreement by moving the child out of state without giving the spouse any notice or asking their permission.If permission of the other parent or consent of the court is required prior to leaving the state, the individual would be able to file charges for violating the custody agreement. A motion would need to be filed for contempt in the court that issued the court order.
Can a custodial parent be forced to send their child overseas during the summer father is in military and recently stationed in England? Divorce and visitation orders do not address child leaving the country.Yes, the custodial parent can be forced to send their child overseas for their regularly scheduled visitation, particularly given that the father is in the military and does not have the choice where they are stationed. These kinds of things occur all the time and with a child being seven years old they are old enough.
Will the state of Pennsylvania extradite someone to the state of Illinois for a misdemeanor?Actually, the state that the individual had the warrant in would be the state that would have to pay to bring the individual back that is how it usually works. Therefore, if the state of Illinois gave out the warrant; and if the individual was pulled over in the state of Pennsylvania, Pennsylvania would inform the state of Illinois. It is up to the state of Illinois to make the decision if they wish to use the cash and labor to come to the state of Pennsylvania to pick the individual up. Ninety-nine point nine percent of misdemeanors would not be transportation for the reason that it is not a sensible to use of restricted taxpayer dollars. On the other hand, if the individual had killed someone, did big drug offense, or parental kidnapping charges then, yes, they would extradite the individual.
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