Divorce & Child Abduction

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Child Abduction

Child abduction is a frightening subject but it does happen. A parent becomes disgruntled by the legal process or fears a negative outcome, or believes harm will come to the child and no one will help, or simply wants to hurt the other parent – so the parent takes the child and leaves, sometimes to another state, sometimes to another country.

Parental kidnapping is both a state and federal crime. If a parent takes a child without consent during a time when that parent does not have physical custody of the child, the police, the FBI, the State Department and even Interpol can be of assistance.

From a custody perspective, if the abduction has occurred within the United States, the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and a writ of habeas corpus can help to return the child home. If the abduction has occurred outside the United States, the international treaty known as the Hague Convention on the Civil Aspects of International Child Abduction creates a uniform method of retrieving the child.

Both national and international abduction cases are sensitive, emotional and complicated, and require extensive knowledge of legal procedures with which few lawyers have real experience, let alone expertise. At the Marks Law Firm, L.L.C., we have successfully handled interstate and international child abduction cases in state and federal courts. We have the experience and expertise to help guide you through the proper channels to secure the return of your child.

You need an experienced divorce attorney on your side.