Parental Kidnapping – Legal Consequences

Parental kidnapping or abduction usually occurs when one parent abducts their child without the consent of the other parent. This can happen if you have a custody contract or if you do not have a formal contract. Delinquent parents can not only be prosecuted but can also be fined heavily and lose visitation and custody.

Consequences of kidnapping

Child custody disputes typically arise once there is a divorce or a marital breakup between the couples. The battle over who has which children and how long often takes a lot of energy, time, and legal aid once the disputes cannot be resolved peacefully. If a parent kidnaps a child from the marriage during the divorce or after the marriage breaks up, then he or she is liable to face criminal or civil penalties or both together. This could result in fines, or imprisonment, or the programs that the court deems fit.

Civil consequences may arise from loss of legal custody, loss of access, further claims to the other parent or the child, or even suspension of rights in all of the parental relationships with the child and the other parent. Civil consequences might depend upon what the other parent and the judge deem fit. There might not be a charge of parental seizure, however, these actions are usually enclosed in the common law concerning kidnapping cases.

Three main elements are there to constitute a kidnapping by one of the parents. The legal status of the parent involved in the kidnapping is relevant to those matters. If a court order of child custody is in effect for the kid who has been abducted, this is considered parental abduction. Parents who intentionally break the law by this offense could result in more or less grievous consequences.

Criminal Law Parental Kidnapping

When either of the parents abducts their children, the law enforcement authorities will get involved and will have to interfere in the child’s and family’s affairs. This is essential for domestic violence, kidnapping, and similar matters that need criminal action. This could cause the arrest of the parent who kidnapped the child or rescued the child or, finds out where the two are. Parental kidnapping matters require the need of federal and state laws to investigate the cases depending upon the certain issues existing within the case. A good lawyer can help gain insight in regard to matters constituting parental kidnapping.

Free and equal access for children

No restrictions or control is placed on either parent for visiting the child or for guardianship until such a limit is imposed by the court. it means that either parent can agree with each other to see or take care of their children at their house till the agreed period. However, if the custody of the children or the divorce has been filed at some point, there is a chance for one of the couples to lose certain rights or time to take care of their children. Until this happens, parents have the right to take the children out of school early, stay in their place of residence for long weekends, or during holidays, and the like, as long as no ordinances are restricting these rights. Even though this causes discord with another parent, it cannot be considered a parental kidnapping since it lacks legal restriction. A skilled family lawyer can guide one for more legal clarification in this regard.

Regardless of one’s parenting function, they do not have full and explicit access to the children unless and until they are one among the legitimate parents. These rights are only reserved for the biological mother or father of the children. Notwithstanding if a person has lived with one among the former spouses for long years and maybe in a de facto marriage to them, this does not give them the rights or privileges of legal origin. Before either of the parents have full and free access to the children, they must apply to the family court for these rights. If either of the parents has legal custody of the child, then they generally cannot be charged with parental kidnapping by their action. But it can happen to the parents who violate a restraining order of the court. this could be by picking up the children, hiding the children, or behaving similarly.

State and federal jurisdiction

Usually, the state law administration will initiate the child abduction investigation with either of the parent. This case investigation might begin domestically and find both for immediate remedial action. However, if the parent crosses the state jurisdiction or is not able to find it immediately, then the federal law may get into the action and upsurge the scope of investigations. If more states were involved in the kidnapping of the child, this may result in wide hunting with worse criminal consequences. If any other crimes arise along with kidnapping or if the child got harmed, the kidnapper in addition will face severe punishments in criminal court.

Some states do not need the employment of force or use of a weapon, or bodily harm for these offenses to be charged with kidnapping. The abduction of the children itself is enough to prosecute a criminal offense. Since many states do not have a definite law regarding parental kidnapping, the general rules of abduction apply with few modifications to discourse this conduct. This might be done through an hourly regulation wherever 24 hours should pass without the child being found, an exception to the normal provisions for child abduction and similar apprehension.

Legal support

Parents accused of parental kidnapping will need a criminal attorney to bully off against the charges and commit to request a clean-handed finding of the facts. He or she then has to explain the case in the trial to guard his or her legal parental rights and not to suffer further consequences.