WomensLaw serves and supports all survivors, no matter their sex or gender.

: General

Parental Kidnapping

April 27, 2023

I am afraid the other parent will take our children out of the state. What can I do?

If you are afraid that the other parent will take your children away without your consent, you might be able to ask the judge to issue an emergency custody order that says the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation. Please see Can I get temporary emergency custody? for more information as to what factors a judge might consider when deciding whether or not to grant emergency custody. You can also go to the Custody section of your state for more information.

If you have reason to believe that the other parent may try to hide the child from you, you could ask the judge to order the other parent to, deposit money with the court (“post a bond”) that would cover the cost of having to try to locate and get your child back if s/he were taken. If you already have a custody order, you may be able to file to modify the order to include this.