What to Do if Your Ex Takes Your Child Out of Maryland or the United States?

Have you ever wondered, “What do you do if your ex takes your child out of Maryland or the United States?” It’s important to understand what steps to take to protect your parental rights and the well-being of your child if you have found yourself in this situation. Consulting with a Glen Burnie child custody lawyer can help you take the right legal steps to safeguard your rights and work toward the safe return of your child. The situation is often extremely emotional and complex when one parent decides to take the child out of Maryland or the United States without the proper consent from the other parent or a court order.

Understanding the Legal Framework: Parental Kidnapping and Custody Orders

When these situations occur, it is important to understand the legal implications before you begin to take any action. Maryland law, as well as the laws of other states, implies that both parents share legal custody of the child unless otherwise ordered by the court. This means both parents generally have the right to make significant decisions about their child’s welfare, including matters related to travel within the country and abroad.

However, if you have a custody order in place, provisions regarding the child’s travel will likely be included. It may be considered parental kidnapping under both state and federal law if your ex violates the custody agreement by taking your child without permission.

The Hague Convention on the Civil Aspects of International Child Abduction provides an international framework for resolving cases of international parental kidnapping. This treaty offers a legal process to seek the child’s return if your child has been wrongfully taken to another country.

Document and Review Custody Agreements

It is important to review any existing custody or visitation agreement you have in place. If you do not have a written custody order, or if the terms do not address international travel, you will need to seek legal assistance as soon as possible. A family law attorney can help determine whether there is a basis for taking legal action.

You will also need to document everything, including gathering copies of any written communication with your ex regarding travel plans, notes on your interactions, and any relevant legal orders.

Contact Your Ex to Try and Resolve the Situation

It is still important to contact your ex, even if they have already taken the child out of the state or country. Do not assume they will be cooperative. It’s important to assert your rights and communicate clearly if they have not left yet. Your ex may not realize the full extent of the legal consequences.

If your ex has already taken the child abroad or out of the state, without legal intervention, there may be little you can immediately do to retrieve your child. However, it is still important to try to communicate with your ex.

Seek Emergency Legal Relief

It is critical to take immediate legal action if your ex has already removed the child from the state or country. An emergency court order can be sought in Maryland to prevent further travel and to have your child returned. There are some cases where the court can issue a return order that demands the child’s immediate return.

You should contact the U.S. Department of State Office of Children’s Issues if your child is taken abroad. This office can help facilitate communication with foreign authorities and make use of the Hague Convention.

File a Petition for Return Under the Hague Convention

You can file a petition for the return of your child under the Hague Convention if your child has been taken out of the United States without your consent. This process typically involves working with both U.S. authorities and the authorities in the country where your child has been taken. It’s important to know that this process can be lengthy, and not all countries are parties to the treaty.

Contact Law Enforcement

Law enforcement needs to be contacted immediately if you have reason to believe that your child has been abducted by your ex or you suspect that they plan to take the child out of Maryland or the U.S. Law enforcement can assist in locating your child and determining if your ex has violated any laws. The Maryland State Police and the FBI have resources for locating missing children, such as issuing an alert.

FAQs About Child Custody Law in Maryland

What Can I Do If My Ex Takes My Child Out of State?

If your ex takes your child out of state without permission, you can seek legal action. File a motion in family court to address custody violations and request the return of your child. You may also contact law enforcement and an experienced attorney. Both will be able to provide you with further assistance.

Can a Mother Take a Child Out of State Without the Father’s Consent in Maryland?

In Maryland, a mother cannot take a child out of state without the father’s consent if there is a custody order in place. If no custody order exists, the mother may be able to travel, but both parents should agree and seek legal advice to avoid potential legal issues in the future.

What Happens If My Ex Takes My Child Out of the Country Without My Consent?

If your ex takes your child out of the country without your consent, it may be considered parental kidnapping or international child abduction. Depending on the country involved, you can seek legal help by involving authorities like the Hague Convention on International Child Abduction to retrieve your child. You may also contact law enforcement and a lawyer for further guidance.

How Can a Lawyer Assist in Parental Kidnapping?

A lawyer can assist in parental kidnapping cases by helping to obtain custody orders, filing for emergency protective orders, and navigating legal avenues for the child’s return. They can also represent the affected parents in court, negotiate with the opposing party, and guide them through the legal process. A lawyer can be a great legal advocate on your behalf.

Contact Our Firm

It is important to gather evidence and take immediate legal action if your ex has taken your child out of Maryland or the United States without your permission. There are multiple legal avenues available to help ensure your child is returned. Seeking the advice of a qualified family law attorney is crucial in navigating these difficult circumstances.

If you have found yourself in this situation, it is time to contact the Law Offices of Todd K. Mohink, PA. We are here to help. Give us a call today.