Parental Kidnapping Charges in Illinois

 Posted on June 21, 2017 in Criminal Law

Criminal charges for kidnapping your own child might seem strange, but it is a reality that many loving, well-meaning parents have faced. In fact, Health Research Funding (HRF) indicates that nearly 204,000 children have been abducted by a family member; that family member is often a parent or legal guardian. Learn more about parental kidnapping charges in Illinois, including what you can do to protect yourself when facing such accusations.

What is Parental Kidnapping?

Parental kidnapping sounds like a heinous crime – like a parent abducted their child with malicious intent. This is not always the case. In fact, some cases involve parents who have exceeded their parenting time, either accidentally or for reasons beyond their control. Others have attempted to protect their child from an abusive partner. Some may take the child because they fear they are about to lose custody or visitation with their child in a contentious divorce. All these reasons are understandable, but it does not make the action any less illegal.

Understanding the Charges

Charges for parental kidnapping can be severe, especially if the parent was not supposed to be in contact with the child. Most often, this restricted contact is experienced in cases that involve abuse or neglect. However, charges do not always have to be severe. In situations where the parent simply refused to return the child (often seen in situations involving changes to parenting plans after a divorce or custody battle), the charges could be reduced to an interference with visitation. Situations involving abuse or neglect may also receive special considerations. Consequences of a conviction can vary greatly and are dependent upon the charges filed.

Obtaining Assistance with Your Case

Parents who are facing criminal charges for parental kidnapping should note that a reduction of charges depends greatly upon the details of the case, and failure to obtain a reduction of charges could result in serious consequences. Conviction could also affect your parental rights and privileges with the child in question. As such, it is highly recommended that parents seek experienced legal assistance with a parental kidnapping case.

Stephen A. Brundage, Attorney at Law, is committed to protecting your future and best interests. Backed by more than 30 years of legal experience, our Wheaton criminal defense lawyer can protect your rights. In every situation, we aggressively pursue the most favorable outcome possible. Schedule a personalized consultation to learn more about how we can assist with your case. Call our offices at 630-260-9647.

Sources:

http://www.winknews.com/2017/06/21/suspect-in-fort-myers-amber-alert-faces-criminal-charge/

http://healthresearchfunding.org/40-uncommon-parental-child-abduction-statistics/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5