Parental Kidnapping Prevention Act

Parental Kidnapping Prevention Act

The federal Parental Kidnapping Protection Act (PKPA), is an Act of Congress signed into law in 1980. The purpose of the Act was to establish national standards for the assertion of child custody jurisdiction within the United States. The Act does not explicitly state which is the proper state in which an initial child custody matter should be filed, but provides that the assertion of child custody jurisdiction by any State without consideration of the Act's requirements does not provide a resulting "full faith and credit" in other States.

In addition to its provisions for full faith and credit, the PKPA explicitly provides that a State cannot modify the child custody decree of another state without complying with the terms of the PKPA. Thus, if a State modifies a previous child custody order without compliance with the PKPA, the modification is not entitled to full faith and credit in other states.

In 1999, Congress enacted an amendment that explicitly includes “visitation” rights in the definition of “custody” rights covered by the Act. Accordingly, the determination or modification of either legal custody, residence or visitation rights must comply with the PKPA or risk a lack of enforcement in other states.


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Look at other dictionaries:

  • Parental Kidnapping Prevention Act — (PKPA) A federal law that seeks to control and prevent parental kidnapping by requiring states to ensure parents are in compliance with the terms of the PKPA before the court will make a custody order, and to refuse to enforce child custody… …   Law dictionary

  • Parental Kidnapping Prevention Act — Federal law which imposes a duty on the states to enforce a child custody determination entered by a court of a sister state if the determination is consistent with provisions of the Act. 28 U.S.C.A. No. 1738A …   Black's law dictionary

  • Uniform Child Abduction Prevention Act — The Uniform Child Abduction Prevention Act ( UCAPA ) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws and submitted for enactment by jurisdictions within the United States in 2006. As of January 1, 2008,… …   Wikipedia

  • kidnapping — At common law, the forcible abduction or stealing and carrying away of a person from own country to another. 4 Bl.Comm. 219. Collier v. Vaccaro, C.C.A.Md., 51 F.2d 17, 19; State v. Berry, 200 Wash. 495, 93 P.2d 782, 787, 792. The unlawful seizure …   Black's law dictionary

  • kidnapping — At common law, the forcible abduction or stealing and carrying away of a person from own country to another. 4 Bl.Comm. 219. Collier v. Vaccaro, C.C.A.Md., 51 F.2d 17, 19; State v. Berry, 200 Wash. 495, 93 P.2d 782, 787, 792. The unlawful seizure …   Black's law dictionary

  • custody — The care and control of a thing or person. The keeping, guarding, care, watch, inspection, preservation or security of a thing, carrying with it the idea of the thing being within the immediate personal care and control of the person to whose… …   Black's law dictionary

  • custody — The care and control of a thing or person. The keeping, guarding, care, watch, inspection, preservation or security of a thing, carrying with it the idea of the thing being within the immediate personal care and control of the person to whose… …   Black's law dictionary

  • PKPA — See: Parental Kidnapping Prevention Act Category: Divorce & Family Law → Divorce, Child Support & Custody Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

  • PKPA — See Parental Kidnapping Prevention Act …   Black's law dictionary

  • Child abduction — Family law Entering into marriag …   Wikipedia

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