Virginia Child Custody Laws & Parental Kidnapping

Virginia child custody arrangements not only dictate how much time a parent can spend with their child, but usually when that visitation should take place. Virginia has laws to prevent parental abduction, which includes keeping the child significantly past set visitation times as well as illegally transporting the child out of state. In addition to Virginia's child custody laws, there are federal laws and international agreements that concern kidnapping that may apply.

Virginia Child Custody Laws & Parental Kidnapping 

If your ex is always bringing your child back to you past the set time in your Virginia child custody arrangement, you can talk with your Virginia child custody lawyer about going back to court to have the court to address the situation. The court may take steps to enforce the provisions that require your ex-spouse to bring your child home on-time.

If your ex has actually taken your child for more than 48 hours, they may have violated the law, whether the child remained in Virginia or was taken out of the state. Your ex could be charged with a misdemeanor, have to pay a fine and spend time in jail if the child remained in Virginia during this time. If your ex took your child out of Virginia, they may be charged with a felony and face additional fines and jail time.

Virginia Child Custody Laws & the U.S. Government

Your ex can also run afoul of federal laws concerning parental abduction including: 

•  Unlawful Flight to Avoid Prosecution - Parental Abduction. This law covers a parent who has crossed state lines or illegally fled internationally with the child.
• The International Parental Kidnapping Crime Act. This law covers a parent who takes a child younger than 16 years old out of the country without the custodial parent's approval. 

At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer/Ferrebee represent Virginia women who have had a child kidnapped or suspect that their ex may try to kidnap their children. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation - (757) 425-5200.