What Qualifies as Parental Kidnapping in Illinois?

Facing charges of parental kidnapping or child abduction is a serious crime and felony offense in the state of Illinois. It’s also a scary and confusing situation to be in as the other parent, wondering if your ex’s actions constitute child abduction and what to do about it. It’s important to be familiar with custody law and the next steps to take. What qualifies as parental kidnapping in Illinois? You may be surprised what does and doesn’t constitute parental child abduction.

What Actions Are Considered Parental Kidnapping in Illinois?

In Illinois and most other states, when two people have a child but are not married or have recently dissolved their marriage, a court-mandated parenting plan and custody arrangement order is warranted. In addition to the terms of the parenting plan, custody orders must be strictly adhered to. These court orders are legally enforceable, meaning ignoring your established parenting plan or child support payments can result in serious legal repercussions.

If your custody order is no longer applicable due to a significant life change, you must go through family court to alter the agreement. You can also request to modify your parenting plan so it’s in accordance with your plans to travel or relocate out of state. It’s important to take the appropriate measures to ensure you don’t violate your custody agreement or make yourself vulnerable to accusations of parental kidnapping or international abduction.

Any of the following can be considered an occurrence of parental abduction or kidnapping in Illinois:

• Purposefully violating a court order by prohibiting the other parent’s access to the child by taking the child away, concealing, or detaining them.
• Using force or threats to remove the child, detain, or conceal them within cases where ex-spouses co-parent a child
• Detaining, taking the child away, or concealing them without prior authorization when paternity is not established, parental rights have been revoked/waived, or when there’s no custody order in place.
• Removing or concealing a child after initiating a dissolution of marriage or paternity proceedings but before an official custody order has been issued

Potential Signs of Imminent Parental Abduction

You should remain aware of the potential warning signs that parental kidnapping is imminent regardless of whether you think your child’s other parent may be capable. One sign to look out for is if your ex has a prior history of controlling or threatening behavior toward you or your child. It’s considered a high-risk behavior if the person has previously threatened to take the child away or keep them from you, as well as other generally controlling tendencies.

You should also watch for any abrupt changes in your co-parent’s lifestyle, such as moving money into accounts you can’t access, closing bank accounts, losing their job, selling their house, etc. These behaviors can be a strong indicator that your ex is considering leaving the country, potentially with your child.

Finally, remain aware of whether or not your co-parent has been trying to make your child think negatively of you or distrust you. If you have concerns about your co-parent abducting your child in the near future, be sure to consult with a qualified family law attorney as soon as you can.

FAQs

What Constitutes Parental Child Kidnapping in Illinois?

A parent may be charged with kidnapping in Illinois if they conceal or detain their child:

• With the intention of violating a court order that prohibits them from doing so or grants the other parent custody
• Without prior consent from the child’s other parent when paternity has not yet been established, their parental rights have been revoked or waived, or before a custody order has been issued.
• Using threats or actual force

What Are the Penalties for a Parental Kidnapping Conviction?

In the state of Illinois, child abduction is a Class 4 felony. If you are convicted of parental child kidnapping, you can face legal punishments such as jail or prison time and fines. The severity of the penalties can vary depending on the details of the case and if you have been convicted of similar crimes in the past. If you’ve been accused of parental kidnapping, it’s important to seek legal counsel right away.

Can a Parent Take a Child Out of Illinois Without the Other Parents’ Consent?

In Illinois, a parent cannot take a child out of the state without the approval of either their co-parent or the family court. The primary residential parent, with whom the child lives, must get prior authorization before relocating with their child if it’s a certain distance away from the other parent. Either parent must get approval from their co-parent before traveling out of the state with the child.

What Are the Laws for Unmarried Parents in Illinois Regarding the Allocation of Parental Rights and Responsibilities?

In Illinois the laws assert that when the parents of a child are not married, the mother has sole custody of the child until paternity is legally established and recognized by the court.

After paternity is established, the legal proceedings will focus on developing a fair and appropriate custody arrangement. The parenting plan is decided on by family court Judges who consider each parent’s work schedules, physical and mental health, and the needs of the child, among various other factors.

How Much Does an Allocation of Parental Rights Lawyer Cost in Illinois?

The cost of an allocation of parental rights lawyer in Illinois can vary depending on a multitude of different factors. Some important factors to consider are the location and experience level of the lawyer. Additionally, you should consider the lawyer’s fee structure. Some lawyers charge an hourly fee, and some may charge a flat fee for their services.

Prevent Parental Child Abduction and Take Action

At Schaffer Family Law, Ltd., we take child safety very seriously, and our team has extensive experience with cases regarding custody order violations, international child abduction, and parental kidnapping.

We can assist you whether you’ve been accused of such violations or wish to take action against your co-parent or ex-spouse. Our family attorneys are also well-equipped to handle standard custody proceedings and court order modifications. Contact our office today to schedule a meeting with a family law professional.