International parental abduction is illegal, but it does happen in some divorce cases. This can be a serious issue if the child is being taken away from the other parent. That parent’s rights are being violated, as are the child’s.
For example, say that a couple gets divorced and the husband wants to get custody. He is denied sole custody by the court, and physical custody is split between him and his ex-wife. Unhappy with this, he simply takes the child and leaves the United States so that he doesn’t have to share custody time.
Issues to watch for during divorce
It’s good to identify red flags in advance, so here are a few to keep in mind if you are worried that your ex may abduct the child after a divorce:
- Your ex does not have significant ties to the area or state where you already live.
- Your ex doesn’t have a job or other obligations to keep them in the United States.
- Your ex has close friends or family members living abroad.
- Your ex is a citizen from another country and travels there on occasion.
- Your ex has a criminal record or has threatened to abduct the child in the past.
- The two of you are going through a particularly high-conflict divorce for both of you are at odds.
These are just a few examples of things that may indicate parental abduction is more likely. That doesn’t guarantee it will happen, but you need to be wary that the chances are higher for you than they would be for other couples. As a result, it’s quite important for you to look into all of the legal options at your disposal.