PASSIONATE DEFENSE REPRESENTATION

Let's Change The Outcome

Can you be charged for abducting your own child?

If you are a birth parent, then your child is your own flesh and blood. As such, you will typically have parental rights over her or him. However, if you take your child somewhere without first getting the consent of the child’s other parent or guardian, does the act constitute kidnapping? Well, in the age of divorce and joint custody over children, the sharing of custody has introduced a new interpretation of the term “kidnap.”

By law, any child that is under the age of 18 whose whereabouts is unknown to his or her legal custodian has been kidnapped. In the case of joint custody, both parents are legal custodians. This means that if one parent moves a child over state or foreign borders without the knowledge of the other parent that child has been abducted. This can happen because of an honest mistake, such as a spur of the moment Disney World trip. However, an abduction can also be due to more complicated or even dangerous motives.

Regardless, if a child is abducted over state lines, the FBI does get involved. However, if the child is taken over international borders, then the reach of the FBI is significantly curtailed. Depending upon the case, the FBI may request local law enforcement assistance to apprehend and return the child to the United States. The FBI may make an official request through the State Department for assistance. However, this process could take weeks or months to get official approval.

If you believe that you may have run afoul of these abduction laws, then you may want to speak to a criminal defense attorney as soon as possible. In most of these cases, the abduction was by mistake because one parent forgot to inform the other. Generally speaking, if the abduction was an honest mistake, the FBI should decline to pursue charges. However, this decision is entirely dependent upon the investigating agent and the assigned U.S. Attorney. Regardless, these are serious charges, which could implicate your parental rights and even your freedom.

CATEGORIES

Recent Posts

How can a DUI conviction impact my commercial driver’s license?

On Behalf of Ryan Beasley Law | Apr 8, 2022 | Drunk Driving | Commercial vehicles are a common sight on the South Carolina roads. Trucks go to, from and through the state delivering and carting items that are vital to everyday life. This can include food, materials,...

What defenses are there for domestic violence charges?

Every relationship has times when you and your partner will disagree. An argument can feel very after both parties have had a chance to cool off than it does while it is happening. In some cases, a disagreement can get out of hand or misinterpreted, leaving both...

How a DUI can threaten your college education

College is an exciting time for young adults. Newfound independence often comes with having to make important decisions on your own, including whether to drink and drive. Unfortunately, millions of college students choose to drive while intoxicated. While you may be...

Bill could lead to harsher penalties after fentanyl overdoses

In South Carolina and across the United States, opioids are garnering significant attention. This is understandable given the number of people who are having problems with these types of drugs. Specifically, fentanyl is drawing scrutiny from state and federal law...

Do you know the importance of jury selection in your case?

There’s a lot to consider when building your criminal defense. While you may want to work with prosecutors early on to try to mitigate the fallout from your case, and you certainly want to gather evidence that contradicts the prosecution’s case, you can’t neglect the...

Do You Need Legal Advice? Don’t Wait.

Get Help Now

I

Visit Our VIDEO CENTER To Find Out More