A child custody bond is a type of court bond required by some family courts to protect children and ensure their safe return. It requires a parent (principal) to post a bond guaranteed by a surety bond company. If the parent violates the custody agreement, the bond money is forfeited. Child custody bonds may be required for international travel with children or if there is evidence a parent may not return with the child. The bond amount depends on factors like financial resources and risks, and full collateral is required to obtain the bond.
2. www.suretybondauthority.com
What is a Child Custody Bond?
It’s a type of court bond that is designed to provide a
preventative guarantee to protect children and offer
financial support and resources for parents.
For parents concerned about the welfare of their children,
this type of bond serves as a preventative measure –
where any person who has purchased this bond and failed
to perform the obligation will be held financially
responsible.
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The court (Obligee), through proper pleadings, will require a parent (Principal) to post a
Child Custody Bond to be issued by a bonding company (Surety) during or after divorce
proceedings when there is an apparent risk that a child custody decree or visitation terms
will be violated.
OBLIGEE PRINCIPAL
SURETY
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Why do you need a Child
Custody Bond?
State laws grant family courts the authority to post security in most child custody
cases. Typically, family court judges require protection in the form of a surety bond
whenever there is considerable evidence that one party has violated a custody
decree by taking off with the child to another location/jurisdiction.
When it comes to international custody situations, a Child Custody Bond ensures that
the child will be returned from a parent who has decided to visit or relocate to a
foreign country during the period of the custody decree.
For visitations within the United States, the bond provides assurance the return of the
child escorted by a parent on a short-term or long-term trip to a jurisdiction other
than the usual residence.
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How does a Child Custody
Bond work?
The judge determines the bond amount or the
type of collateral that the parent is required
to pay over to the court. Once a parent
violates a child custody decree and visitation
terms, the money is forfeited.
This type of court bond works where
potential risks of financial losses will
encourage the parent to conform and stick to
the conditions of the child custody decree.
6. www.suretybondauthority.com
When to request for a Child
Custody Bond?
If you find yourself questioning the motives and presuming that the co-parent will
violate a custody order, you can request to the courts that they require the non-
custodial parent to post a Child Custody Bond, therefore reducing the risk for
worries and delays.
The court may evaluate the following circumstances in requiring the need for a Child
Custody Bond.
Potential risks or reasonable evidence to support claims of a child’s non-return to the
expected residence after an international or domestic trip
Assurance of the child’s welfare
Guaranteeing compliance with the terms of custody or visitation order, where there is a
history of or possibility of future violations
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Here are scenarios where you may
request this type of bond:
Short- or long-term domestic trips
You may request for the bond if you feel that your ex-partner may not
return your children from vacation.
International vacations
If your ex-partner chooses to take an international trip with your children
to a foreign country, you can ask for a bond to ensure that he or she
returns the children as agreed.
Relocating
If your ex-partner is relocating, you can request for him or her to secure
a bond to guarantee that he or she will adhere to custody or divorce
decree and will not flee with your child.
8. www.suretybondauthority.com
How much does a Child
Custody Bond cost?
The amount that you pay our company
to provide this type of bond is
approximately 1% of the total bond
amount.
Once you have requested the bond,
the family court judge that is hearing
the custody case will be determining
the amount.
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How much does a Child
Custody Bond cost?
The bond amount is often calculated and based on the potential
risks covering the following circumstances:
Financial capacity of the parent posting the bond
Amount substantial enough to discourage abduction, which is sufficient to fund
expenses for the legal representation, search, and court fees in case of an
abduction or violation of custody terms and visitation decrees
Guarantee compliance with the custody orders within the United States or trips
to a foreign country.
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Do I need collateral to obtain a
Child Custody Bond?
Yes, you need 100% collateral for these bonds. From our standpoint, these bonds are very
risky because the parent can simply leave the jurisdiction with the child.
Cash or other liquid assets
These funds are deposited into our collateral account.
Irrevocable Letter of Credit from a Bank
In essence, the bank is vouching for your financial stability.
Usually, collateral takes the form of:
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How long does a Child Custody
Bond remain in effect?
A Child Custody Bond may remain valid for
one, two or as many years as the court
believes necessary. The bond amount
percentage, which is the annual premium
cost, is based on an annual sliding scale fee
(variable amount of the bond holder’s ability
to pay) over the duration of the bond.
12. www.suretybondauthority.com
How do I get a Child Custody
Bond?
If you are applying or looking to have your ex-partner
apply for a Child Custody Bond, reach out to a
professional, legal representative to discuss your
situation.
Then, seek a reputable Surety Bond Company who
can write this type of court bond and their coverage.
13. www.suretybondauthority.com
How do I get a Child
Custody Bond?
To qualify for a Child Custody Bond, a surety underwriter will
include a review of the following:
Whether visitation or travel is domestic or international
Court documents requiring the bond to consider the potential risks
Financial competency of the applicant (ability to pay bond premiums and
provide suitable collaterals)
Divorce and child custody arrangements between the two parties
Additional indemnitors to co-sign on the obligation (who agrees to assume the
obligation that is typically placed on the Surety)