When a custody arrangement is in place, it is legally binding. If one parent violates the terms of this custody agreement, especially by taking the child to another state, then that parent is in violation of the law. He or she can be jailed for parental kidnapping and can face a host of other legal problems. As such, if you find yourself unable to find your child after the other parent skipped town, you do have options.
Parental Kidnapping
When a custody arrangement is in place, violation of that arrangement can constitute parental kidnapping in certain instances. Whether or not your ex's actions are parental kidnapping will depend on exactly what she did, but as a general matter, moving without telling you of her whereabouts or without getting permission from the court to move or modify the custody order will be considered parental kidnapping.
This means that once your ex is found, a number of things are likely to happen:
The Process
The first thing you will need to do if your spouse takes your child out of state is to contact the family court and law enforcement where you live. They will assist you in finding your spouse. If they are unsuccessful, you may wish to hire a private investigator or turn to agencies designed to help find missing children.
Once your ex is found, the child will be taken away and your ex will be extradited back to the state where she violated the law in order to stand trial for parental kidnapping, if appropriate. The child will likely be placed into your custody as soon as he is brought back into the state, at least on a temporary basis pending final resolution of the kidnapping and custody issues.
Getting Help
If your child has been taken out of state, this is not an issue to handle on your own. Consult a lawyer as soon as possible in order to get help.