When things get tense during your divorce, and you've begun to suspect that your spouse may try to take your children, you must act quickly and assertively to prevent that. Even if the divorce has not been decided upon yet there are legal actions that can be taken that might prevent you from losing the opportunity to have the court decide custody. Read on for some help with this emotional and critical matter.
Don't allow fear to rule your decisions: If your spouse is threatening to abscond with your children if you file for divorce or for any other reason, you have resources. Taking action as soon as possible could both prevent the spouse from taking them and also make it easier to get them back if they do. Putting off a divorce due to fear is understandable, but you do have some legal moves at your disposal. Just because you both still have custody and are still married does not mean that you should be deprived of your children.
Get a temporary order: Discuss your fears and any threats with your divorce lawyer and proceed with filing either for divorce or for a legal separation. Once you make it legally-known that your marriage is going to end, you and your children will enter into a protective category where you have more legal power than before. Temporary custody orders can be provided that spell out exactly how much time your spouse can spend with the children and when and disobedience could spell real legal trouble for your spouse. You can even put a provision in the order that prevents the child from leaving the county where you reside. While it might just seem to be a piece of paper, the order might be enough to make your spouse think twice before trying to take your children.
If the order is disobeyed: There are nationwide protections available for those experiencing a parental kidnapping thanks to the Parental Kidnapping Prevention Act. No matter where your spouse goes in the U.S. the act allows law enforcement to take action, locate your spouse and return your children to you. Once a custody order is violated your lawyer, and the district attorney can make use of the Parent Locator Service which coordinates district attorneys in other locations to help make things happen.
The sooner you speak to your divorce attorney about your fears the sooner you will have these provisions in place. You have the right to your children, and a parent who tried to prevent that may not only be in violation of a judges order but an unfit parent as well. For more information, contact a law office like Scott & Scott, PC.