Protecting Your Children from Parental Kidnapping

Deciding how to best care for your children after a divorce or break-up is a difficult matter.  Things like child custody and support are not often easily agreed upon, especially if you and your former significant other are on bad terms. The court might need to get involved to make a decision in such a dispute.  Unfortunately, that might not be the end of the matter.  You might be concerned that your ex is going to take your kids despite a court decision.  This is a legitimate concern in some situations and happens regularly in the State of Arizona and across the country.

Recently, a 21 year old Phoenix woman took off with her 2 year old son.  Isabella Guervara lost custody of her son to her ex after the judge became worried about the child’s safety.  His father was awarded full custody but Guervara refused to abide by the order.  She would not turn her son over to the father and at this point cannot be found.  The Phoenix police are looking for her and she is wanted on charges of custodial interference.

So, what should you do if you are concerned that your child’s other parent is going to abduct them in disregard of your court ordered custody?  It is recommended that you be proactive.  If you are worried about parental kidnapping, compile all of the facts and express your concerns to the court or to your lawyer so that they can address them.  You can request supervised visitation under certain circumstances, and if there is a valid threat to you or your child, you may be able to get a restraining order to stop contact with your ex altogether.  If your ex does abduct your child, Federal and Arizona law is on your side.  This is a crime which can be addressed federally if the child is brought out of state and you should call the police immediately at the first sign your child has been abducted.  Once your child is safely returned to your care, you should work with a family law attorney to change the custody agreement to ensure this never happens again.

If you are a parent and are worried that your ex may attempt to abduct your child, do not wait.  Work with an experienced family law attorney to protect your child from the initiation of custody proceedings.  Contact the Scottsdale, Arizona family law attorneys at Nirenstein Garnice by calling (480)351-4804 for a consultation today.