Legal Question in Family Law in New York
Parental Abduction - Where do I go now?
I cannot fly out to pick up my son from a visit with his father as it is a health risk and m ex Husband refuses to turn him over to anyone else. The court order does not state who shall travel with our son from parent to parent.
I read that under the Parental Kidnapping Prevention Act, by his retaining my son for longer than his visitation period, it is considered Parental Kidnapping and is a crime in all 50 states.
I called the police where my ex lives but they refused to do anything though the Parental Kidnapping Prevention Act statute states that they must enforce the court order without prejudice.
What can I legally do now that the police have refused to act? Also, the officer I spoke to stated that the Parental Kidnapping Prevention Act is not a law. Do you know anything about this? I am at my wit's end here, I need to know what steps to take to get my son back home to me, his custodial parent.
Thank you very much.
1 Answer from Attorneys
Re: Parental Abduction - Where do I go now?
Call the police department again and insist that they help you. If they refuse to do so, you may have to hire a lawyer to help you out. Feel free to contact me to discuss this further if you'd like. Good luck.
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