Imagine this: You and your former spouse have been sharing custody of your 8-year-old daughter for two years. Even though the divorce was a little contentious at times, you’ve done all you can to ensure your daughter has both parents in their lives. But while on your way to pick your child up one weekend, you realize they are nowhere to be found. Panic sets in as you frantically call and text but receive no response. Three more hours go by before it’s confirmed that your worst suspicions are true — your daughter is the victim of parental kidnapping.
While it’s difficult to imagine parents kidnapping their own children, it happens all the time. The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member — usually while in the midst of a bitter divorce or child custody battle.
While family abductions usually do not present the same threats as stranger abductions, these are severe criminal offenses that can have devastating effects on children and parents.
More About Parental Kidnapping
Under Texas Penal Code Section 25.03, a parent is guilty of parental kidnapping if they take a child under 18 while being aware of any of the following:
- A pending custody case is in progress.
- Taking the child violates an existing judge’s order.
- The parent is not awarded custody but takes the child anyway.
As one might imagine, parents who abduct their own child face severe penalties. These penalties can be up to two years in the Texas state penitentiary system and fines up to $10,000. Penalties are even more severe if a weapon is used, if the child is held for ransom or leverage, or if it is deemed the child is abused or endangered in any way.
It’s essential that you seek the advice of a competent family law attorney before taking any action on your own. A rash or unintentional mistake can have a lasting effect on those you care for.
Our dedicated team can help you make the right decisions.
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Looking for family law services? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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