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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.

Client Reviews
Mr. Graziano had my best interests in mind when he represented me. He is clearly knowledgeable and handled my divorce quickly and efficiently. I'd hire him if I ever found myself needing a divorce lawyer again.
★★★★★
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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Hiring the right attorney to represent your divorce case is one of the most important decisions you will ever make! I was fortunate enough to hire Ron to handle my case and had what I believe to be a favorable outcome. I based my opinion on achieving the goals we set in the beginning of the case and comparing my final outcomes to friends and colleagues that went through the process with other attorneys. Thank you Ron! Craig
★★★★★
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
★★★★★
Ron surpassed my expectations in my case. He always kept me in the loop, updated me with any change, and answered ALL of my questions.. And I had a ton! He was very knowledgable, honest, supportive, and calm. I was nervous every step of the way and he listened to each and every one of my concerns. He was always available by phone and email. He responded very promptly to every email I sent (I sent a ton!). 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!!
His staff is amazing as well!!
Gia
★★★★★