Tuesday, 27 January 2015

Understanding Parental Kidnapping Laws in Georgia

Divorces can be quite messy and a lot of laws have been enacted to cater for the various scenarios that avail in such disputes. Things get even more complicated when there are children involved in the equation. Parental kidnapping laws in Georgia are meant to help you in the event of your estranged partner talking custody of your child and fleeing the state effectively deprived you of any access to the child. If you are the one contemplating this course of action, then you are best advised to extinguish such thoughts and know that it is a path filled with thistles and thorns.

What Is Parental Kidnapping?

Parental kidnapping applies to divorce cases and refers to the act by one of the feuding parties of seizing the child or children sired from the union and fleeing. This is an attempt to deprive the other parent of their custody. Parents who resort to this strategy always lose in the end.

Parental kidnapping can be viewed form a number of angles.

  • It Is a crime 
  • It Influences the court’s decision in a custody case
  • It Constitute child abuse
One aspect that is covered by this law relates to overlapping jurisdiction. Federal law does not allow more than one state to have jurisdiction over the same case. In cases of parental kidnapping, the state where the child in dispute ordinarily resides has jurisdiction over the case. This has effectively put a stop to instances where parents who feel they have received a raw deal in a custody ruling will snatch the child and flee to another state in the hope of a better ruling. This law thus prohibits courts from overturning custody decisions established in other states.

Parental kidnapping is against the law and the courts that you were trying to deprive the jurisdiction over the case will almost certainly go against you. The act of kidnapping does not only rob the parent of the custody of the child but also robs the child of their right to have access to both parents. These types of abuse will also factor into the ultimate court decision. 

The worst case scenario is when one parent grabs the child and leaves the country altogether. Such cases international law will offer the same protections to the child and the parent that has been deprived access to the child. If your ex has kidnapped your child, find a good divorce lawyer and have them go to work immediately.

Divorce cases are often full of drama and desperate measures usually set in. Some parents will grab the child and run in anticipation of or after receiving an unfavorable custody ruling. There are laws in place to help the deprived parents and child in such circumstances and you need to secure the services of a competent divorce lawyer as a matter of urgency to get your child back.


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