Custody & Kidnapping

Does the custody or visitation agreement specify a place that visitation exchanges must take place? Generally, if an order does not specify a place visitation exchanges must take place, parents may be able to negotiate a location on their own. If a parent feels unsafe during exchanges, they may generally be able to arrange for exchanges to take place in public locations. Some parents choose to do visitation exchanges in restaurants, police station parking lots, or other public locations.

Some areas may also have “safe exchange” centers. Safe exchange centers are a monitored, neutral location to safely exchange children for visitation. Safe exchange centers may charge a fee for their services, and some may only allow court-ordered exchanges. You may be able to find out more about safe exchange centers in your area from your local courthouse, domestic violence advocates, or legal aid organizations.

If a custody agreement specifies both a time and a place that visitation exchanges must take place, but a parent does not feel safe at that time and place because of changed circumstances, it may generally be possible to change (modify) the agreement. If the other parent refuses to agree to a change in a custody agreement, generally, the parties may have to return to court to change the agreement.

Depending on the state, s/he may have to prove that a “substantial change in circumstances” has happened since the order was issued. If the judge believes that there has been a substantial change and that modifying the order would be in the children’s best interests, the judge might change the order. You can see more about what someone may have to prove in STATE at “If a custody order is already in place, how can I get it changed?” [FIND FOR STATE AND EMBED; USE GENERAL LINK IF STATE LINK UNAVAILABLE]