What Should You Do if Your Ex-Spouse Kidnaps Your Child?

Your ex didn’t return your child on time, and you think your child may have been kidnapped. Your ex mentioned taking the child out of the state before, so it is a possibility. But is it kidnapping?

Parental kidnapping is a broad term that encompasses several possible scenarios. There are several factors in place that determine whether parental kidnapping has occurred, such as state laws, parents’ marital status, the presence of custody orders, and the reasons for keeping the child away from the other parent.

Child custody orders are given out when paternity is established, or a divorce is entered. Once orders are issued, both parents must follow them. Any violations of the orders by either parent may be considered custodial interference. It does not matter if one parent has more custody time with the child than the other. Either parent can face custodial interference charges.

The good news is that most custodial interference cases are handled by local law enforcement and resolved relatively quickly, given that the location of the children is usually known (they are with the other parents at their home.) Still, it is a good idea to be proactive. If your ex-spouse kidnaps your child, you must act swiftly and use all the resources available to you to ensure your child’s safe return. Here are some steps to take.

Contact Law Enforcement Immediately

Call 911 and report the kidnapping. Provide details such as:

• Your child’s full name, age, height, weight, and any distinguishing features.
• The last known location of your child.
• A description of your ex-spouse, including their vehicle and potential destinations.
• Copies of court-ordered custody agreements to show legal custody.

File a Missing Child Report

File a Missing Persons Report with the police. Request that your child be entered into the National Crime Information Center (NCIC) database, which alerts law enforcement nationwide.

Contact a Lawyer

If you don’t already have full custody, consult a family law attorney to file for emergency custody. A judge may order the immediate return of your child.

While your ex may be committing a crime by kidnapping your child, the family law court is the appropriate venue for addressing these issues. The kidnapping will give you a good reason to seek a modification of the current custody arrangement. The resulting court order should be as specific as possible and have very specific consequences for violating the order.

When to Notify the FBI and Federal Authorities

If your ex-spouse crosses state lines, the FBI can investigate under the Parental Kidnapping Prevention Act.

Spread Awareness and Stay Proactive

Provide photos and details to local media, social media, and missing persons organizations. If possible, monitor financial transactions or cell phone records for clues to your ex-spouse’s location. Work with private investigators if necessary.

Contact Us Today

Nobody wants their child to be kidnapped. If you think your child has been taken by the other parent, act right away to protect your child.

Get help from a Tennessee child custody lawyer from The Law Office of David L. Scott. We understand the laws involved and will do what is right for your family. Schedule a consultation today by filling out the online form or calling (615) 896-7656.