Parents often assume that they have an absolute right to make decisions about their children. They have a legal right to make crucial parenting decisions, but there are limitations to that right.
When a parent consistently fails to act in the best interests of their children, endangers them or abuses them, the state may terminate their parental rights. In situations where parents divorce or separate, they usually share parental rights and responsibilities. Parents then have to adhere to the terms established in a child custody order. In some cases, a parent might engage in conduct which will lead to a prosecution for child abduction or parental kidnapping.
Child abduction or parental kidnapping is not uncommon
The absence of a court-established custody order does not protect a parent’s taking or hiding a child against a criminal charge of child abduction or parental kidnapping.
A parent frustrated by a lack of parenting time or upset by the actions of the other parent may make mistakes that lead to a criminal prosecution which can negatively impact the ability to spend time with their children in the future.
If the other parent involves law enforcement, the parent accused of parental kidnapping or child abduction could lose significant time with their child because they face incarceration. A criminal conviction for a crime against children can also negatively impact parental rights and may lead to a new custody order that is unfavorable to the convicted parent.
Those frustrated by the terms of a custody arrangement or who believe that their children may be in danger should seek emergency custody orders or petition the court for a custody modification. With the right steps, parents can increase their overall parenting time and protect their children from volatile situations.
Defending against child abduction or parental kidnapping charges is essential for parents who want to maintain a positive relationship with their children. When a parent is facing criminal charges related to child custody, representation by an experienced attorney will greatly improve the chances for a favorable outcome.
