From: lindae@netcom.com
Subject: Follow-up to "RIGHTS of the Non-Custodial Parent"
Organization: Netcom - Online Communication Services  (408 241-9760 guest) 
Date: Fri, 20 Nov 1992 07:08:30 GMT


Posted by:
Child Quest International
A non-profit organization, 
devoted to the protection 
and recovery of missing, 
abused, and exploited children.
(408) 492-1122
SIGHTINGS ONLY:  1-800-248-8020


The following information was obtained from the National
Center for Missing and Exploited Children...

"There is no reason for noncustodial parents to resort to parental kidnapping
as a menas of carrying on a relationship with their children.  The
legal system is available to noncustodial parents to protect and to
enforce their rights.  Noncustodial parents have legal rights and remedies
when their visitation rights are denied, limited, or otherwise interfered
with by the custodial parent.

Following are rights of the noncustodial parents:

1.  Visitation rights are enforceable under both the Uniform Child Custody
and Jurisdiction Act and the Parental Kidnapping Prevnetion Act.  If the
custodial parent refuses to allow the noncustodial parent to visit the child,
the noncustodial parent can petition the court for enforcement of the decree.

2.  Where there is a history of interference with visitation rights by the
noncustodial parent, a noncustodial parent can consider requesting the court
to order the custodial parent to post a bond... to ensure that hte visits occur.Be aware, however, that the custodial parent may respond by making a similar
request.

3.  The noncustodial parent can request the court to include a provision
in the custody order that requires that both parents keep each other
informed of the current address and telephone number at which the child
can be reached.

4.  The noncustodial parent can request the court to include a provision in the
custody order requiring the custodial parent to notify the noncustodial parent
at least a month before any proposed move out of state or out of the country
or to obtain permission from a judge before moving out of state or out of
the country.

5.  If the court order prohibits the custodial parent from leaving the
country without the court's consent, the noncustodial parent can write to the
Office of Passport Services at the U.S. Department of State to request that
the passport application for the child made by the custodial parent be
denied...

6.  The Hague Convention on the Civil Aspects of International Child Abduction
fosters the exercise of visitation rights across international borders...

7.  If the custodial parent has disappeared with the child, some states
permit the noncustodial parent to initiate a missing persons investigation
by the local police.  Do so by filing a missing persons report...You may need
to examine your state's definition of missing child...to determine 
whether noncustodial parents are entitled to file missing persons reports....

8.  A few states will enter the child's description in the NCIC Missing
Person File at the request of a noncustodial parent when the custodial
parent has disappeared with the child... Again, you may have to 
examine your state's definition of missing child to find out if this
protection can be extended to you....

9.  The criminal custodial interference laws of several states also 
protect the noncustodial parent against interference with his or her
visitation rights.  These states include California, the District of
Columbia, Iowa (misdemeanor only), Michigan, Minnesota, Nevada, 
South Dakota, West Virginia, and Wisconsin.

10.  If your state law permits, clearinghouses may aso provide their
services to noncustodial parents seeking to locate their missing child and
enforce their visitation rights....

11.  Some missing child organizations and several advocacy groups offer
their services to noncustodial parents seeking to locate the child and
enforce their visitation rights. .....

12.  The Federal Parent Locator Service (FPLS) is available to help
noncustodial parents as well as custodial parents...

13.  Unless restricted by court order, noncustodial parents have the 
same rights as custodial parents under the Family Educational Rights
and Privacy Act, Title 20, beginning at U.S. Code Section 1232g....

14.  All books and brochures published by the National Center for
Missing and Exploited Children are available to noncustodial parents...

....

There may be grounds for the *original* court to modify its custody
decree to award the noncustodial parent custody - even after the
child has been abducted.  This is far from automatic, however.  It is
difficult to modify custody and typically requires evidence of a major
and significant change in circumstances that makes it in the child's
best interests to change custody. State law requirements vary. ...

The non-custodial parent may be able to sue and collect money damages
from the custodial parent for violating visitation rights.  There
are cases that support this.  .....

___________________________________________________________________________

If you are searching for your missing child, please contact Child
Quest International for Help!!!!
Call (408) 492-1122

If you know of a missing, abused, or abducted child, please contact
Child Quest's 24-hour sighting line at 1-800-248-8020

Keeping Hope Alive through Education,
Child Quest International