When you and your former spouse share custody of your child, you trust that the other parent will follow the rules. Unfortunately, the other parent might abuse that trust and take your child without warning, leaving you feeling scared and helpless. It’s crucial to act immediately if you suspect the other parent is about to flee with your child, and our Queens child custody attorneys can help.
Immediate Steps if Your Child’s Other Parent Is About to Flee
Swift action is crucial to prevent your child’s other parent from fleeing, especially if you suspect they might leave the state or country. Here’s what to do:
- Seek an emergency court order – A court can issue a temporary order granting emergency custody or limiting the other parent’s ability to travel with the child. An attorney can help you file for this order to protect your child.
- Notify law enforcement – If you have reason to believe the other parent has already taken your child or plans to flee, contact local law enforcement and inform them of the situation. You may be able to request that the police monitor the child’s whereabouts or notify them of any travel plans involving the child.
- Alert the child’s school and daycare – Notify your child’s school, daycare, or any other institutions they’re involved with about the situation. Ask that they alert you if the other parent attempts to pick up your child or makes any unusual travel arrangements.
- Check the other parent’s travel documents – If possible, check if the other parent has a passport or any other travel documents that could allow them to flee with your child. You may be able to place a travel restriction on the child’s passport to prevent international travel.
- Document your concerns– Keep a record of all communications and actions related to the situation. This could include emails, text messages, or notes from conversations with the other parent, schools, or law enforcement. This documentation will likely be crucial if the situation escalates and legal action becomes necessary.
New York’s Parental Kidnapping Laws
It is a crime in New York for a parent or relative to take a child away from their lawful guardian or custodian without legal permission. The term for this offense is custodial interference.
There are two degrees of this offense. Custodial interference in the second degree is a misdemeanor, and someone commits this offense when they knowingly take a child under 16 from their lawful custodian with the intent to keep the child for a prolonged period. Custodial interference in the first degree is a felony and occurs when someone takes a child with the intent to permanently remove them from the state or exposes the child to a risk of harm or endangerment.
It’s up to prosecutors to file these charges. The penalties can include fines, probation, and, in the case of felony charges, imprisonment. If you know or suspect the other parent is about to take your child, an experienced family law attorney can help by filing court motions to block the other parent’s travel. Your lawyer can also inform law enforcement of the situation, which might lead to criminal charges against the other parent.
Contact Our Queens, NY, Family Law Attorneys for Assistance
At The Law Offices of Gildin & Chapman, we know how stressful and scary it is to think the other parent might flee with your child. We can act aggressively to block their travel and keep your child where they belong. Call now or complete our contact form for a free consultation.
