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What legal steps can be taken to stop my spouse from removing our child from the state?

If you are concerned about your spouse removing your child from the state, talk to your lawyer about whether any of these options might be available in your case:           

  • A court order giving you immediate custody until a temporary custody hearing can be held;
  • A court order directing your spouse to turn over passports for the child and your spouse to the court;
  • The posting of a bond prior to your spouse exercising parenting time; or
  • Supervised visitation.

Both state and federal laws are designed to provide protection from the removal of children from one state to another when a custody matter is brought and to protect children from kidnapping. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) was passed to encourage the custody of children to be decided in the state where they have been living most recently and where they have the most ties.  The Parental Kidnapping Prevention Act (PKPA) makes it a federal crime for a parent to kidnap a child in violation of a valid custody order. 

If you are concerned about your child being abducted, talk with your lawyer about all options available to you for your child’s protection.

Eric C. Trosch

Eric C. Trosch

NC Board Certified Family Law Specialist

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