For many people going through a divorce or separation, it is a concern that the other parent may take the kids out of the state without permission. Even more alarming is the possibility that they make take the children out of the country.

Believe it or not, it may be considered kidnapping when a parent takes a child out of the state without permission from a court, if there is a divorce or other legal proceeding taking place.

If you have these concerns, you may have legal options to provide safeguards against parental kidnapping. Unfortunately, many parents find themselves in exactly this position when families live near the state border (as many do in Durango), or when one parent is not a citizen of the United States.

In Colorado, the legislature recognized the difficult position that a parent faces when he or she believes the other parent is going to take the kids from Colorado without permission. To address this problem, a parent may seek an Abduction Prevention Order from the court.

If the court believes that your child may be abducted, it can make court orders to protect your child. The court has the power to protect your child from abduction and can order any of the following actions to prevent a kidnapping:

• Restricting the child’s ability to travel;

• Prohibiting the parent from taking the child outside Colorado or the U.S.;
• Prohibiting the parent from taking the child from day care or school; and
• Requiring that the child’s name be placed in the U.S. Department of State’s Child Passport Issuance Alert Program.

Although these are the major things that a parent can do with a Abduction Prevention Order, there are also many other options that may be available depending on your circumstances.

Although an Abduction Prevention Order may not prevent all child kidnappings, it is a great tool for a parent that believes his or her child may be taken out of the state or country without permission.

When a court enters orders against a parent, it sends a strong message that the minor child is to remain in the state of Colorado.

Do you know someone that has waited for years to obtain his or her green card after immigration documents have been filed? One reason for the delay could be that the United States government is experiencing a huge back-log in processing applications. The government issues a Visa Bulletin every month showing how far behind it is in processing applications.

The August Visa Bulletin for immigrant visas, available at http://www.travel.state.gov/visa/bulletin/bulletin_5749.html, shows the government’s progress for August. The Visa Bulletin shows the processing time for immigrant visas. For example, if your United States citizen brother filed immigration documents for you in February 2001, the United States government is now ready to process your request for lawful permanent residence (i.e. your green card). 

But, the processing times vary depending upon your nationality. For example, if you are from the Philippines, the government is now processing requests for lawful permanent residence that were filed in 1989. The variation is due in part to the large numbers of individuals intending to immigrate to the United States from certain countries.

If a family member filed immigration documents for you, it is important that you check the Visa Bulletin every month. Once the government is processing requests near the month that your family member filed documents, you should contact an immigration attorney.

Padilla Law is pleased to announce the addition of Beth A. Padilla to the firm. Beth will join the firm as an Equity Partner and will expand the firm’s areas of practice by adding Immigration & Naturalization Law, as well as Family & Domestic Law.

Most recently, Beth was Of Counsel with the Van Der Jagt Law Firm in Denver, Colorado. In her Immigration practice, Beth handles removal defense for aliens before the Immigration Judge and the Board of Immigration Appeals. She also assists clients with asylum, family based petitions, naturalization petitions, U visas for victims of crime, and Violence Against Women Act petitions. In addition, she has given multiple Know Your Rights presentations in Spanish throughout communities in the Front Range. In her Family Law practice, Beth handles cases involving abduction prevention, asset distribution, child custody, divorce, and spousal maintenance.

Beth’s full biography, profile, and contact information are available on the Padilla Law website, www.padillalawpractice.com, and Beth is currently accepting new clients.

Padilla Law’s primary areas of practice now include Business Transactions, Civil Litigation, Criminal Defense, Family & Domestic Law, Immigration & Naturalization, and Wills & Trusts.