Custody & Kidnapping

In general, if people are legally married, most states consider the parents to have equal rights to the child so that either parent may be able to have the child in his/her possession. However, many states also have parental kidnapping/custodial interference laws that apply to married couples as well as unmarried couples that may prohibit certain behaviors (such as concealing the whereabouts of the child, for example). Since I cannot provide legal advice, I cannot tell you whether or not the father’s actions in taking or keeping the children from you are illegal or not. You may want to ask an attorney if based on the law, the other parent’s behavior may possibly be illegal under your state’s parental kidnapping laws and what steps you can take to try to get your child back. Or sometimes a parent who believes parental kidnapping was committed who can’t find a lawyer to ask will make a report to the police to see if they take action (if they believe a crime was committed).

And even if a lawyer tells you that the father’s behavior is “legal,” an attorney may be able to advise you as to whether you should file for custody in court or if there is another legal action that could get the child produced in court, such as filing for a writ of habeas corpus to produce the child in court, or another immediate legal action. Generally, a parent files for custody in the place where the child most recently lived for the past 6 months (the “home state”) or in the courthouse where any prior custody orders were already issued. Here is some information about custody in STATE. HYPERLINK

When filing for custody, a parent may want to ask the court clerk how to see the judge immediately to request an immediate temporary (ex parte) custody order while awaiting the court date. In some states, a judge may only issue this type of temporary order if a child is in danger or potential danger but each state’s standard for issuing temporary custody is different. [ADD THIS ONLY IF SHE SAYS SHE DOESN’T KNOW WHERE THE FATHER/KIDS ARE: I know you mentioned that you do not know where the father and your children are. Although a parent does have to be served with any court petitions or court papers filed against him/her, sometimes a judge may issue a warrant for the parent to appear in court if the parent has fled and cannot be found. I cannot say what may be possible in your case.]

It’s extremely important to try to get help from a lawyer right away. Here is a link for lawyers on our Finding a Lawyer page, some of which are free or low-cost. HYPERLINK