(a) If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent in accordance with the current visitation order or parenting plan, then the custodial parent may, after reporting the child missing to a law enforcement agency, file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child.
divorce

Ask a divorce law question, get an answer ASAP!
Thousands of highly rated, verified divorce lawyers.
Specialties include: Family Law, Custody, Divorce, Child Support, Child Protection, Alimony, and more.
Click here to chat with a lawyer about your rights.

(b) The court may issue an order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child to the custodial parent immediately if the court finds:

(1) The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court;
(2) The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan;
(3) The custodial parent has reported the child as missing to a law enforcement agency;
(4) At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and
(5) The noncustodial parent has:

(A) Failed to contact the custodial parent within the past forty-eight (48) hours; or
(B) Failed to return the child to the custodial parent.
(c) If a judge enters an order pursuant to this section, then the clerk of the court shall immediately send, via electronic mail, a copy of the order to the law enforcement agency investigating the report of the missing child.
(d) This section does not modify the discretion of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.
(e) As used in this section, “custodial parent” means the parent with whom the child resides more than fifty percent (50%) of the time.
  Previous section
Next section  
 Part 1 Contents