Most parents have their children’s’ best interests at heart, but when tempers flare or tense domestic disputes arise, a parent or guardian may act impulsively without thinking about the consequences. Custodial kidnapping—otherwise known as parental kidnapping—describes when one parent takes their child without the consent of the other. How complex the situation that follows becomes will depend on whether or not a custody order has been violated, and how challenging the abducting parent is to find. Regardless of the circumstances, it’s imperative to know how to proceed in the case of a custodial kidnapping.
Violation of a Court-Ordered Custody Agreement
In the case of divorced or separated parents—or indeed any other circumstance where a custody order may already be in place—a clear violation can allow you to act. Taking a child will certainly prevent “parenting time”, custodial, or visitation rights from being met. In a case such as this, you can file a motion for contempt of court, and reach out to your child custody office for enforcement support. If you have reason to believe your child is in danger, you can also contact local authorities in the event of a custodial kidnapping.
When There is No Custody Order In Place
When custodial kidnapping or parental kidnapping occurs that is not in breach of a custody agreement, the parent left behind can find themselves left in a much more complex situation. Your goal should be to seek an emergency custody order from the courts, however presenting a body of evidence to support that order will be vital. A parent leaving their home state with a child does not necessarily equate to breaking the law. Your filing will have to demonstrate that the kidnapping parent or guardian is actively evading the jurisdiction of the courts, doesn’t have the wellbeing of the child in mind, or is putting the child at direct risk.
When to Call In a Private Investigator
Any parent whose child has disappeared is bound to feel that time is of the essence. A licensed private investigator will be perfectly poised to jump directly on the trail of your child before it goes cold. They will also be able to assist with compiling an airtight case that will stand up to the scrutiny of a judge. Because of the deeply emotional nature of custodial kidnappings, a private investigator can prove indispensable—providing all-important impartiality as a documented body of evidence is built that will support your cause in court.
At times, parental kidnappings can distressingly unfold into a hide and seek scenario. Causing great heartache to the parent or guardian left behind, tracking and tracing the child in question can become the absolute number one priority. For moments such as these, our team of missing person investigators here at Lauth Missing Persons bring 30 years of dedicated experience to the table—having located not only missing adults and children in the US, but also those missing overseas. Should you discover that your child may have been taken abroad, we are equipped to step up the search to an international scale without missing a beat.
Turning to Trusted Missing Person Specialists in a Moment of Crisis
Here at Lauth, missing person investigators offer a bounty of experience in helping parents to navigate child custody cases and quickly locating children who have been kidnapped by a guardian. Drawing on a depth of legal and jurisdictional understanding, we can help you assess the current crisis; advise on your options; liaise with your lawyer, authorities, and applicable NGOs; and act with urgency to keep your child safe.
If you are in the midst of a custodial kidnapping and want help in building a case or urgently locating your child, we are on hand to help. Learn more about our process, or contact our team today to learn more.