What are my rights as the custodial parent?
In most states, taking a child from his or her parent with the intent to interfere with that parent’s physical custody of the child (even if the taker also has custody rights) is both a crime and a violation of civil law. It also almost always violates visitation and custody orders. Usually, the parent deprived of custody may sue the taker for damages, as well as get help from the police to have the child returned. The offender may also be charged with kidnapping. And, in many states, if the parent takes the child out-of-state, the crime becomes a felony. Of course, there are exceptions. Those include taking a child out-of-state in order to prevent imminent physical harm to the taker or the child. Or, taking a child out-of-state when requesting custody in court, as long as the police are notified of the child’s location. If your ex continues to be late, consider asking the court to reinforce the drop off times. If your ex threatens not to return the children, and you believe he or she
