Parents can be charged with kidnapping if their actions satisfy each and every element of the crime. A parent who is charged with kidnapping will face criminal consequences for a Class 2 Felony.
A conviction for kidnapping in Illinois can result in a prison sentence of no less than three years and no more than seven years. A parent who is charged with aggravated kidnapping will face criminal consequences for a Class X Felony. A conviction for aggravated kidnapping can result in a prison sentence of no less than six years and no more than 30 years. Child abduction is similar to kidnapping. Parental kidnapping child abduction is a Class 4 Felony offense in Illinois. A conviction for parental kidnapping can result in a prison sentence of no less than one year and no more than three years.
Aggravating factors can result in an extension of the prison term to six years. In addition to considering your legal status as a parent and whether there are any court-issued limitations on your parental rights, a court will take your intent or lack thereof into account.
The crime of kidnapping requires that the act be done knowingly and secretly. Criminal charges will not be successful if can prove that you lacked the required state of mind that is legally required to commit the crime. When you are embroiled in a hotly contested custody battle and decide to take matters into your own hands by moving or concealing your child you could face serious criminal consequences.
The purpose of a child custody hearing is to determine what custodial arrangement serves the best interests of a child. It is not uncommon to hear about a child being kidnapped by a parent on the news, as the story is an interesting one. This can be the result of many different things, some more sinister than others. It may be a simple case of failing to return the child on time after a visitation.
In this type of situation, the child will almost definitely be the losing party. Not only will such a situation likely emotionally damage the child for years to come, but the court may determine the offending parent is not fit for further visitation or custody.
While the mother says her reasoning was noble, saving her child from her husband, the moral of the story is that the law prohibits such behavior regardless. Taking legal action immediately in order to get a court order protecting your child is a much safer and more productive route to take if you ever find yourself in such a position. The Georgia code states that an individual is guilty of kidnapping when he or she abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
Furthermore, there is a federal law that prohibits the abduction of a child by a parent called the Parental Kidnapping Prevention Act. The answer to this question is very complicated and may depend on many different factors. We strongly suggest talking to a lawyer for specific legal advice on your situation. The laws on parental kidnapping also known as custodial interference, child concealment, or parental abduction, are different in each state. In some states, it may be against the law to take children out of state only if it violates a custody order or if there is an active custody case pending.
In other states, the act of taking the children out of state itself may not be illegal unless the parent hides conceals the children from the other parent. Additionally, there may be a big difference between if you are planning a short trip out of state or if you are intended to move out of state long-term.
Please click on Finding a Lawyer. If you have been charged or fear being charged with parental kidnapping, please let us know and we will try to get you in touch with an organization that can help you. Depending on your situation, you may also want to apply for temporary emergency custody. Please see Can I get temporary emergency custody? Note: Every U. We strongly recommend that you talk to a lawyer who specializes in domestic violence and custody issues about your situation before leaving the state.
Emergency jurisdiction is a temporary solution designed to protect children who are at risk of abuse or mistreatment. If cases regarding the same child have been filed in two different places, the judges are required to communicate with each other to decide which state will keep the long-term custody case.
Depending on your state, you may be able to request temporary emergency custody as part of a regular custody petition or there may be additional forms you need to file. You may or may not have to prove that the child is in danger in order to get emergency custody. However, you still may not be able to take your child out of the state even if you have temporary custody - it may depend on what the order says as well as other laws such as relocation laws and parental kidnapping laws.
If you know you are planning to leave the state, you might want to ask the judge to include permission for you to leave the state in the custody order. It is up to the judge to decide. If you have not left the state yet or you have left but have not been charged with kidnapping, we strongly suggest that you talk to an attorney who specializes in criminal laws in your state. Hopefully, the attorney can advise you on whether or not you are in danger of committing parental kidnapping if you leave and what possible court actions you can take before leaving to do so legally.
If you have left, you can ask about what steps you can take to try to avoid being charged with parental kidnapping.
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