What Is Considered Parental Kidnapping?

parental kidnappingQuestion:

Yesterday my wife told me she was going shopping, but instead she ended up taking our two children out of state. Now she’s saying she needs a break and won’t come back until she’s ready.

Is this considered parental kidnapping? If so, what can I do about it?


Please be aware that I cannot give legal advice based on contact from the website and can only provide general tips regarding your situation.

Omaha divorce attorney Nancy Shannon
Omaha divorce attorney Nancy Shannon

Yes, it could be considered kidnapping, though the likelihood of you getting any formal help from law enforcement is low since the kids are with a parent and not in danger. You need to file a custody action in your state as quickly as possible, and obtain a warrant requiring local law enforcement to help you obtain possession of the children. Right now, the state you reside in has jurisdiction over the children, but you could lose this advantage if you wait too long to file.

Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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