Children generally have have two parents that work as a team. But if you and your spouse are divorcing or are divorced, you’re most likely sharing the parental responsibilities. Parents who are going through a divorce can sometimes use bad judgment and kidnap their children, which can affect their custody arrangement and even lead to criminal charges. If your children have been kidnapped by their other parent, or if you have been charged, you need to speak to an attorney as soon as possible.
Here are some common questions people ask about family kidnapping.
What are the laws associated with family kidnapping in Texas?
According to Texas Law, kidnapping is the intentional or known abduction of another person, which is considered to be a third-degree felony. A defense to charges related to family kidnapping usually involves the following:
- The parent didn’t threaten or use deadly force during the kidnapping.
- The parent is indeed the children’s parent.
- The parent assumed he or she had lawful physical control.
The term “lawful physical control” refers to the parent’s right to have possession of the children under applicable state law (usually the Texas Family Code). A parent may believe that taking possession of his or her children is in their best interest, but it’s not a good enough reason. Only the parent’s rights, as determined by the law or a court order, are applicable in these circumstances.
Are there federal laws associated with family kidnapping?
Federal kidnapping laws are even harsher than state laws, but the statute exempts parent from being charged for kidnapping their children (at least at the federal level). If the offending parent has had his or her parental rights terminated, this person is not exempt from being charged on a federal level.
Can a spouse take his or her child without permission in Texas?
A spouse can’t legally take his or her child without permission in the State of Texas. If there’s a custody order or agreement in place, doing so without the other parent’s consent may violate that order and can lead to certain legal consequences (including charges related to interference with child custody). The parent may also need to get permission from the other parent or the court before he or she can take a child out of state. But even if there is no agreement, it’s still a good idea to get permission to avoid any allegations related to parental kidnapping or custody interference.
What is considered to be interference with child custody in Texas?
In Texas, interference with child custody occurs when someone knowingly or intentionally takes a child when he or she knows that doing so violates the terms of a judgment or court order.
What is the penalty for family kidnapping in Texas?
Kidnapping is usually considered to be a third-degree felony in Texas, which can lead to 2-10 years in prison and a fine of up to $10,000. If the kidnapping involves a parent or relative, it might be prosecuted as “interference with child custody.” This is considered to be a state jail felony, which is punishable by 180 days to 2 years in a state jail and a possible fine.
Is it considered to be parental kidnapping if I believe my child is in danger?
Section 25.03 of the Texas Penal Code does allow you to use some defenses if you’re charged with family kidnapping, and protecting a child from family violence is one of them. You can, however, get into legal trouble if you keep the other parent from visiting the child. So, you should speak to an attorney about any appropriate next steps.
If your child is in immediate danger, you should contact law enforcement and get Child Protective Services involved so they can open a case on your child’s behalf. An attorney can help you get an emergency protective order in place as you take steps to legally restrict the other parent from accessing your child.
As you go through this process, you should know that the burden of proof is on you. You will need to have enough evidence to prove that family violence has either occurred or is likely to occur if the other parent has access to the child.
If you have been charged with parental kidnapping and are looking for a criminal attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group. We have an experienced team who would be happy to speak with you!