The Federal Parental Kidnapping Prevention Act (PKPA) was enacted by the United States Congress in 1980 in an attempt to mitigate pervasive problems within interstate child custody laws and to deal with the concerns surrounding parental kidnapping. Parental kidnapping has been classified as a type of child abuse under parenting laws due to the harmful nature of the child’s experience.
Parental kidnapping is defined as an instance in which a parent takes a child in a way that conflicts with the custody rights of another parent, guardian, or family member.
The PKPA establishes protocol for interstate child custody issues, and enforces the full faith and credit of custody rights and determinations in other states. Full faith and credit is a constitutional provision that extends the legal status granted in one state to all other states.
For example, if you get married in the state of Texas, you and your spouse are still considered married when you visit family in the state of Arizona. That’s because full faith and credit maintains the legal status of your marriage wherever you go. PKPA establishes full faith and credit for custody decisions made by the court.
When the “home state” designated under PKPA in a custody battle decrees an order, that state will always have jurisdiction to modify the order, despite whether or not the custodial parent and child live in the state. The PKPA only applies in domestic cases and doesn’t extend to international custody disputes.
Speak with an attorney with a history of standing up for the legal rights of parents and who can explain how child and divorce laws apply to your case.
Contacting Texas Family Lawyers
The attorneys at Warren & Migliaccio have years of experience in parenting laws, child divorce laws, and child custody laws. We will also use our knowledge and skills to educate and protect your legal rights as parents. From the initial consultation until the day your divorce is finalized, our Texasfamily lawyers at Warren & Migliaccio are here to advocate on behalf of you and your children. Contact our Dallas law firm today at 1-888-584-9614.