Parental kidnapping is defined in court as the removal, concealment or retention of a child in violation of the custody or visitation rights and the child’s own rights. The circumstances may involve a parent attempting to take a child out of the United States, or simply refusing to give a child back after their time of visitation or custody.
This crime goes beyond a simple dispute between two parents. It is an illegal act done with the intention of depriving the child of the other parent, and often to spite the parent with legal custody rights of the child.
Below are a few of the factors associated with parental kidnapping cases:
- Non-permission: For someone to be charged with parental kidnapping, they cannot have had permission to take the child. If a parent takes the child without permission for longer than their allotted time, that can lead to legal action, and parental kidnapping charges come into play after a certain amount of time or a certain distance away from the custodial parent.
- Fugitives: Parents that abduct children frequently run from the authorities as long as they can before giving up and returning the child. It is not unusual for perpetrators of parental kidnapping to conceal or change the child’s identity and/or appearance.
- Effects: Children who have been victims of parental kidnapping are at greater risk of poor medical care and hygiene, as well as a greater likelihood of lacking some basic essentials like clothing, food and proper shelter. The emotional trauma can last for years.
For more information on your options when dealing with this very serious issue, consult a dedicated Minnesota child custody attorney with Appelhof, Pfeifer & Hart, P.A.
