Legal Question in Family Law in Arkansas
could the mother have done something to get them back?
I was wondering what the law was pertaining to this situation in the state of Arkansas in 1982? A couple divorced and the mother has legal custody of 2 children, ages 5 and 2. The father has visitation on weekends. On his weekend the father picks up the children and leaves the state with them. ( Goes to Texas). The children never see the mother again. The mother claims that even though she had legal custody awarded in the divorce, that once the father left the Arkansas state line, there was nothing she could do to get her children back? What are the legalities on this? Thanks.
1 Answer from Attorneys
Re: could the mother have done something to get them back?
It sounds like she may have gotten some really bad advice. It is what is called parental kidnapping.
We have had the Parental Kidnapping Prevention Act for many years. It is a Federal Law that governs. Even without, for as long as we have had laws, we have had a procedure to register a foreign judgement in another state and enforce it. It is called the full faith and credit clause of the constitution!
2 possibilities: She got really bad advice or there is more than meets the eye here. The kids are now over 18 so it is really moot. If you are one of the kids involved, I suggest that you give her the benefit of the doubt and use your best efforts to restore a really damaged relationship. Perhaps some joint counseling? I wish you both well.
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