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Disputes over child custody usually occur when both parents decide to divorce. The battle over who gets the child for how long usually takes significant amounts of time, energy, and legal assistance if both parties cannot solve their arguments in a peaceful manner. This is likely to result in kidnapping of the child or children. Those who are in this situation should know about the legal implications of parental kidnapping and what steps they can take to resolve the issue. Parents who divorced should understand what is considered parental kidnapping.
What Constitutes Parental Kidnapping?
In a lot of states, there are no specific laws against parental kidnapping. However, there are laws centered on general kidnapping laws which apply to children of parents who share custody. Parental kidnapping is determined based on the legal status of the parent in questions, their intent in taking the child, and the existence of any court order that is applicable to the situation.
Both parents have equal rights in terms of custody and visitation to their child, unless there is a limit that has been placed by a court. But, if a divorce or child custody lawsuit exists, one of the parents may lose some rights or time to see their child.
Legal Consequences to Parental Kidnapping
A parent convicted of kidnapping will fact fine and prison sentence. Other penalties include probation, hefty court fees, and a mark on the person’s permanent record. This conviction will follow them for the rest of their life, ruining their professional reputation, restricting their chances to travel abroad, custodial and parental rights, as well as their right to bear arms. But, before the conviction, the parent in question can make a sound defense against the charge by working with a skilled attorney. The lawyer will look for the necessary documentation to absolve the parent of all charges.
