Legal Information: General

Parental Kidnapping

I am afraid the other parent will take our children out of the state. What can I do?

If you are afraid that the other parent will take your children away without your consent, you might be able to ask the judge to issue an emergency custody order, which most states provide.  You may want to ask the judge to include in the order that the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation.  Please see Can I get temporary emergency custody? for more information as to what factors a judge might consider when deciding whether or not to grant emergency custody.  You can also go to the Custody section of your state for more information. 

Depending on your state's restraining order laws, a threat to take your child and leave the state might also possibly qualify you for a restraining order.  You can read more about your state's laws on our Restraining Orders page.