If a parent that does not have legal custody of a child snatches the child, for any reason, the law considers it parental kidnapping. Not only do many states have laws against this, but under the Parental Kidnapping Prevention Act {PKPA}, it can also be considered a federal offense. This Act provides for a federal parent locator service as well as penalties for kidnapping, and it requires states to recognize and enforce the custody decisions of other states. This is done to help prevent possibly conflicting custody decisions. If your ex-spouse has taken your child illegally, contact the police and then your lawyer immediately. He or she will contact a U.S. Attorney in your federal district who will begin the process of finding your child and prosecuting the parent. For more information on parental kidnapping, consult an attorney in your area. - The Legal Pad
The epidemic of child snatching in divorce cases crested more than a decade ago, while there are fewer such cases today the problems associated with them have NOT yet disappeared. Your first problem if you are a searching parent is in the finding of your child. The second problem, and the more difficult one is in getting your children back once you have found them. Bad information is abundant on child recoveries. If you are told to just take a copy of your custody order to the new state, it's BAD advice. Enforcement is seldom quite that automatic. And with a misstep you can, and indeed are LIKELY to find yourself in a new custody battle in the state where your children now are. That state may be hostile to parents in your situation. And you may lose custody. This is particularly true if your former spouse throws inflammatory allegations against you in the new state. That will at least buy them the time to pack up and move to yet another state where you can start afresh. After four or five states, hiring lawyers in every state it gets a bit pricey for most folks. Also if you use a private investigator, you may wind up with Rambo. (Look for the gun under his jacket or elsewhere) Not to mention the psychological problems caused children in the often violent recoveries. Similarly with police who aren't trained in psychology to help a child adjust to the recovery. (A necessary process if the abduction has been more than a month.) - The A-Team