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In a Child Custody Battle? Know Your Rights Under the Parental Kidnapping Prevention Act

As difficult as divorce usually is on the separating spouses, the children are often caught in the middle. In a perfect world, custody issues are discussed and agreed upon and the children spend time with both according to the child custody agreement. However, when one parent chooses to deviate from the agreement, problems can ensue.

The federal government, well aware that hard feelings result from divorce and acrimonious child custody battles, passed the Parental Kidnapping Prevention Act to protect the children and custodial parents when the other parent decides to take a child out of state. If a parent tries to interfere with the other parent’s custodial rights, the nationwide law makes it easier for states to work together when a child is taken from one jurisdiction into another against a court-ordered custody agreement.

When it comes to moving a child out of state and away from one parent, there are many issues to discuss. If the custodial parent is the one who wants to move, there is a legal way of dealing with it.

Can the Custodial Parent Take the Child Out of State?

If there is a good reason to move out of state (a move that would take the children away from the other parent), the custodial parent must file a motion with family court to get approval for the move. That parent must be able to show reason for the move and also that the child(ren) will not be harmed by the move. The judge will consider the information provided and make a decision about whether the custodial parent can move the children out of state.

It’s important to note, however, that if the judge permits the move, he or she will also require a schedule for visitation so that the other parent can spend time with the children.

However, if either parent ignores the court order and moves with the child without legal permission, it may be considered parental kidnapping. In this case, contact a skilled and experienced child custody lawyer at once to protect your rights.

Ronald Graziano is the managing partner of Graziano & Flynn. He has been representing clients in Camden County and throughout South Jersey on topics such as divorce, child custody, child support and alimony for more than 40 years. Contact him today for assistance with your custody battle.

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Robyn made the divorce process bearable by making sure I was ok every step of the way. She was a fighter when she needed to be and compassionate the rest of the time. The thing I liked best about her is that she was encouraging when I needed to get my end of the work done. She was reasonably priced and worked hard to get my case settled. I have since recommended her to 3 other friends who have retained her services. Ana Z.
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Attorney Graziano is one of the brightest and most compassionate professionals which anyone could work with! He is a great advocate and is extremely knowledgable of the judicial system. He made a very unpleasant legal situation a pleasant journey, and he helped keep things in perspective and in a positive light. I fully recommend him without reservation! Danielle
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After a divorce, my ex-husband was not keeping up with his scheduled child support payments. With the help and knowledge of Robyn Flynn, I was able to resolve this issue. Being a single mother of three children, Robyn Flynn made me a priority. I felt respected by her always keeping me informed and encouraged. She was not only my lawyer, but a friend during a very stressful time in my life. I would never use another attorney other than Robyn Flynn and highly recommend her to my friends as a trustworthy, professional and experienced lawyer. Anna H.
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It seemed like my case took forever but I trusted Ron Grazaino and listened to what he had to say. Mr Graziano said that the insurance company was not being fair and that we should go to trial. The trial was very nerve racking however he eased my mind and killed them with proof and knowledge. My outcome of my trial brought me to tears of joy. I could never imagine such a good outcome. Listen to him, have faith and you too will be impressed. Robin
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Robyn is an excellent litigator and educated/guided me throughout my divorce. She is incredibly gifted in managing your case and fighting for you with opposing consul. Through the dark days she kept me going and helped me get the results me and my children deserved. Chris K.
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Ron is an extremely trustworthy lawyer. Listen to what he says and have faith in him, you will be as impressed as I am! I couldn't have dreamed of a better outcome in my case. I wouldn't have wanted anyone else to represent me, I highly recommend him to anyone looking for an amazing lawyer!!
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