USA Parental Child Abduction Lawyers: Cross-Jurisdictional Dimension
Abduction is considered a criminal offense in most of the developing countries. In the United States, the meaning of child abduction is totally different. This form of abduction refers to the illegal adoption of the child without the permission of the court. The percentage of child abduction in such cases is climbing at a rapid pace in the United States.
The law in the United States explains the abduction of the child as taking the child away from its parents.
There are two major factors to be considered when we talk about the abduction of the child:
- Adopting a child without permission from the court
- Adopting child from parents without the permission and submission of will from both the parents
Most of the parents in the United States have experienced difficulties and lots of issues regarding the matters of child custody after their separation. It normally happens due to a lack of awareness of the legal procedures. This is the main reason for which they have to hire the services of attorneys. Actually both the parents want the child to be with them; however, the percentage of mothers moving away with a child is higher than the fathers.
Learn How to Legally Relocate a Child, Especially Abroad
Before you decide to relocate along with the children, you must ensure all the legal requirements are met to take custody of the child in order to avoid any charges of abduction. There are basically two ways to take the child in one’s custody if one is getting divorced or having a separation from their spouse.
- It can be done through the proper consent of parents
- The matter of custody can be resolved by obtaining the court’s verdict in one’s favor
Through Mutual Consent
A parent can take his/her child out of the town or country only if the court allows it. A consent letter is required by a parent who is demanding the child’s custody. A consent letter gives all the legal rights for the guardianship of the child. However, in some cases both the parents of a child sign the consent letter thus with mutual agreement
Getting through Court’s Verdict
The decision is left to the court if the parents fail to reach an agreement. The court decides what’s best is in the interest of the child. The completion of all legal procedures can certainly be time-consuming.
Purpose of Relocation
A court inquires the reason to take the child abroad or to another state. Whether the other parent is willing to allow this movement of child permanently or temporarily is a question which can be asked by the court. A parent taking the child to some other place must give a logical reason to justify his/her action.
Are you mentally and financially prepared to support your child once he/she is moved to the new place? This statement is very crucial to receive the court’s verdict in your favor. One has to submit financial reports in order to show and prove the child’s security in terms of finance.
Effects of Movement for Your Children
A court has to decide that such movement will not have a negative impact on the mind of a child.
However, a parent must have a lawyer or an attorney before going to court because one can be easily convicted in a kidnapping case for the illegal movement of child. A parent once convicted may face legal charges and get up to a year’s imprisonment for non-compliance of the court’s order. A court can charge first and second-degree charges as an extended punishment in unlawful kidnapping cases.
Bukh Global Partners has an experience of a number of years in dealing with such cases of child abduction, taking custody of a child and moving it to some other place, through the Court’s decision. A professional attorney can help you to save from being charged and can present your emotions in a better way to get custody of your child.
Above all, we understand your concerns for your child and we’re well equipped to keep you together against all odds.