Parental Kidnapping

What to do if you fear Parental Kidnapping:

If you are afraid that the other parent will take your children away without your consent, you need to take action immediately. You should meet with an attorney to see if you might be able to ask the judge to issue an emergency temporary restraining order. This type of court order will ensure that you have recourse if the other parent takes the child without your consent. The order may include that the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation.

If you are in the middle of a custody case, and you fear that the other parent may take your child to another country, you may be able to ask the judge to seize the child's passport. If there is no ongoing case, you may be forced to file the earlier mentioned temporary restraining order, if you qualify, and ask the judge to hold the child's passport as part of that case.

If the child does not have a passport but you fear the other parent may apply for one for the child, the State Department has a program called the Children's Passport Issuance Alert Program. The program is explained as follows:

"The Children’s Passport Issuance Alert Program (CPIAP) is one of the Department’s most important tools for preventing international parental child abduction. The program allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System. If a passport application is submitted for a child who is registered in CPIAP, the Department contacts and alerts the parent or parents. The passport lookout system gives all U.S. passport agencies as well as U.S. embassies and consulates abroad an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child. This procedure provides parents advance warning of possible plans for international travel with the child."See the State Department's Child Abduction Prevention page for more information.

You should take note, that if your child has dual citizenship, then s/he may be able to travel out of the country on the passport issued by the foreign country. The State Department cannot regulate passports from a different country, so you may want to contact that country's embassy or consulate to ask if they have a similar program. You will find contact information for embassies and consulates at www.travel.state.gov under Country Specific Information on the top right-hand corner of the screen.

If you or someone you know is going through a situation involving the potential for child abduction and simply want to implement the necessary precautions, contact an attorney today. Don't wait until it's too late!

Child Custody: How Does the Court Decide?

Child Custody: How Does the Court Decide?

All child custody cases bring about tremendous emotional turmoil for the parties involved and most people feel like they have to "win." However, no one wins in these cases and the number one concern should always be with the children and what is in their best interest. The best interest of the children is always the main concern of the court and an outcome that preserves this interest will allays prevail.

Best Interest Factors:

Although the "best interest" standard can be hard to define in some situations, some factors are common in "best interest" analyses in most custody situations:

• Wishes of the child (if old enough to capably express a reasonable preference)
• Mental and physical health of the parents
• Religion and/or cultural considerations
• Need for continuation of stable home environment
• Support and opportunity for interaction with members of extended family of either parent
• Interaction and interrelationship with other members of household
• Adjustment to school and community
• Age and sex of child
• Parental use of excessive discipline or emotional abuse
• Evidence of parental drug, alcohol or sexual abuse.

Child custody has proven to be the most conflicted and serious aspect of any divorce or family law proceeding. When the judge considers custody issues, the resounding question is "What is the best interest of the child?"

Keep in mind that both parents have equal rights to the child, so a judge considers several factors in custody matters. Some of these include the health and sex of the child, the primary caregiver prior to the divorce, parenting skills and willingness to care for the child, the emotional ties between child and parent, and each parent's moral fitness.

Other examples of the considerations the court will consider include, the age of the child, a parent's employment that involves long absences from home, immoral conduct of a parent, and differences between the parents in financial position, religion, personal values, and lifestyles. While any of the foregoing may be a strong reason to base the custody decision, judges must look at the whole picture in determining what is in the best interest of the child.

Often times, child has a preference as to the particular parent hero she would like to reside with and a child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. However, the Judge is not bound by the child's preference. The Court recognizes that a child may not know what is in his or her best interest and may be basing their decision on which household is more fun or less strict.

In a custody proceeding a judge awards both physical and legal custody. Physical custody is where the child actually lives. Legal custody gives a parent the decision-making authority concerning the child's health, education and welfare. The judge may grant either or both custody designations to both parents, one parent, or a third party.

If one parent receives physical and legal custody, the judge grants visitation rights to the other parent, unless it is not in the child's best interest. Typically, visitation will only be restricted or supervised in extreme cases or where the child has been subjected to abuse.

A third party receives custody only when the court finds that it is in the best interest of the child because of the parents' abandonment, immorality, mental problems, or other reasons harmful to the child. Grandparents receive no special consideration over other third parties in these cases, but they may petition the court for visitation rights in situations of divorce, termination of parental rights, or the death of one of the parents.

Once ruled, a judge is reluctant to change custodial rights because of the disruptive affect on the child. For the judge to consider a change, the non-custodial parent must prove a significant change in circumstances has had an adverse impact on the child.

If you or someone you know needs assistance, contact an experienced Mississippi family law attorney.

Children Outside of Marriage?

Parents that have children, and are not currently married to the father or mother of their child, should take time to consider having a Custody Agreement/Order in place. Often times, this consideration is put off because the relationship between the parents is working well and they are able to agree on decisions that are in the best interest of the child. It may even be the case that the parents are still in a loving relationship or plan to get married and do not see the need to "rock the boat". Individuals simply do not want to ask their partner to discuss plans in the event the relationship fails. Whatever the case may be, there is cause for concern if there is not a current Custody Agreement/Order in place.
Imagine a real life scenario: the father or mother of your child decides they are moving out of state and taking the child with them. Things may be fine for the first few visitations with your child but then the other parent begins to make excuses and decides it is too difficult to make travel accommodations and work out the visitation plan you both had envisioned and verbally agreed upon. If you now decide you want to have an agreement in place, you may be surprised and heartbroken to learn that you may have to travel to the state where your child now lives, hire an attorney in that state and attempt to reconcile the situation. In order to protect your children and ensure you do not find yourself in this position, or a similar one, call an experienced Mississippi Family Law Attorney.