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NCJ Number: 134538 Find in a Library
Title: Parental Kidnapping Prevention Act: How Can Non-marital Children Be Protected?
Journal: Golden Gate University Law Review  Volume:18  Issue:3  Dated:(Fall 1988)  Pages:529-537
Author(s): N S Erickson
Date Published: 1988
Page Count: 9
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (NPKA) contain many safeguards against child snatching, but these laws lack protection for non-marital children, who currently are denied equal protection under the law.
Abstract: The UCCJA was designed to prevent states from giving refuge to child-snatchers by requiring them to decline jurisdiction of custody actions if another State was a more appropriate forum. The PKPA was designed to achieve the same goal by requiring states to acknowledge existing custody decrees if those decrees fulfill certain requirements. The PKPA also authorizes the Federal parent Locator Service to assist in locating abducted children and their abductors and provides that the Fugitive Felony Act applies to State felony parental kidnapping cases where the abductor has left the State or the country to avoid prosecution. However, non-marital children lacking custody orders are not protected. Two possible solutions would be legislation providing that the mother automatically has custody of a non-marital child at birth until a court order proves otherwise or amending the PKPA to permit sworn statements by the mother. Research should determine whether one of these options or another option would most effectively protect non-marital children. Footnotes
Main Term(s): Child Abduction; Parental rights
Index Term(s): Child protection laws; Law reform
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