What Is the Parental Kidnapping Prevention Act?
There are many ways a child custody dispute may be settled between the divorcing parents. The most recommended manner of settling the said issue is through extrajudicial agreement. This can be done when both the mother and father, together with their respective custody attorneys, meet for the negotiation of certain terms and conditions concerning the custody over the persons of their children.
However, when there are conflicts between the claiming parties, an out-of-court settlement or agreement seems impossible to achieve. Hence, there is a need to file a proper case in the courts of law wherein a judge will come up with a resolution concerning the legal issue on child custody. If you are not on good terms with the other parent, it is necessary that you have precautionary measures to ensure the protection of your rights, as well as that of your son(s) or daughter(s).
In cases where court litigation becomes necessary, the first thing that you need to do is to hire the services of a good legal counsel. This professional is equipped with skills and knowledge in the field of law that will help your case. At the same time, he or she can also help you file the required documents and pleadings in court. Moreover, the attorney can assist you in enforcing certain rights against the other party especially in cases where there would be violations of such rights.
One of the important statutes relating to child custody is the Parental Kidnapping Prevention Act that was adopted by the Congress in 1989 to establish a certain set of standards for the appropriate exercise of jurisdiction over custody matters among the states. Under this law, a preference is given to the home state in which the child involved has resided within the past six months. The purpose for this Act is to prevent a parent from forum shopping which can be done by initiating a legal action in a different state with the intention of obtaining a favorable court ruling.
If you are a party who needs to file a case for child custody claim and the other party is residing in another state, then it is necessary that you go over the provisions of the Parental Kidnapping Prevention Act. Take note that jurisdiction in civil cases is important. When there is failure to acquire jurisdiction, the court's resolution or order will be considered null and void.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!