Having your child taken is a nightmare scenario for parents. Parental kidnapping charges create a complicated and overwhelming situation, and you may feel unclear about what legal recourse is available. If you are facing similar circumstances, a knowledgeable and compassionate Chicago parental kidnapping lawyer at Schaffer Family Law, Ltd. can help you get the answers you need and determine a plan to ensure your parental rights – and your child – are safeguarded.
For more than three decades, Schaffer Family Law, Ltd. has helped Illinois families with legal matters including parental kidnapping in state, across state borders, and internationally. Our legal team knows how to take an aggressive approach to complex legal issues and provide fierce representation for families in difficult situations.
There are two kinds of parental rights and responsibilities. One is legal, which means making important decisions about a child’s life, like those that relate to education, medical care, and religious affiliation. The other is physical. This refers to who houses, provides, and cares for the child. In most cases, both parents share each set of responsibilities.
When parents separate, they both still have the legal right and duty to participate in raising their children, and Illinois requires that separated parents create a legal document called a parenting plan, which is sometimes also called a child custody order, although Illinois no longer uses that term.
A parenting plan outlines who the child lives with, how they spend time with each of their parents, how parents each get their child’s records and other information, and how the parents must transport the child between one another.
If the parents can’t agree on how to split parental rights and responsibilities, the courts make the determination for them. Parenting plans are legally binding in all states, and failure to meet the legal obligations and expectations in a parenting plan can have harsh penalties.
In some cases, a parent willfully disobeys their parenting plan. This might be because they believe the other parent is a bad or even abusive parent, disagree with the arrangements, fear losing rights, are using the actions to “get back at” the other parent, or may even be having a mental health crisis.
Parental kidnapping, also known as parental abduction or custodial interference, is the term used when a parent takes or keeps their child in an intentional violation of a child custody order.
For example, if one parent refuses to return their child to the other parent as agreed in their parenting plan. In Illinois, parental kidnapping usually has to be intentional, without the other parent’s consent, and for a period of 15 or more days. When that’s the case, it is considered parental kidnapping when a parent:
These actions are unlawful regardless of whether there is a formal parenting plan in place or not. For example, if the parents have separated but a parenting plan has not yet been established, these actions are still a violation of the law. There are considerations for domestic violence situations, but outside of emergencies, a parent should work within the bounds of the parenting plan.
Parental kidnapping is a Class 4 felony in Illinois, which means that a conviction could lead to incarceration and steep fines, depending on the facts of the case, whether the parent has a history of previous offenses, and if there were other factors like abuse. If the parent unlawfully takes the child out of the country, that is a federal crime and comes with harsher consequences. A parental kidnapping conviction may also affect the parent’s rights regarding their parenting time and child support payments.
A skilled family lawyer in Chicago can review the details of your case, explain how the law applies and your legal options, and develop a strong legal strategy to make sure your parental rights are protected. Your attorney can create a buffer between you and a difficult spouse and their attorney, advise you on how to gather evidence, file emergency motions, and represent you in court when needed.
Yes, you can call the police for parental kidnapping. If your child is missing and you suspect their other parent has unlawfully taken, hidden, or detained your child, filing an immediate report with your local law enforcement office may prevent an abduction. This does not automatically mean criminal charges will be filed against the parent who took the child. An experienced family attorney can explain your legal options.
No, without the permission of the other parent or a family court, a parent can’t take their child to another country or keep them in another country with the intent of preventing the child from the other parent. However, there may be circumstances where a child is reasonably delayed by accident, such as weather conditions, that are not unlawful.
For unmarried parents in Illinois, the mother has sole legal custody of the child until paternity is established, which means DNA testing is done to show who the child’s biological father is. Once paternity is established, however, both parents have the same rights as married parents regarding custody of their children.
Parental kidnapping is generally not a federal offense. However, when a parent unlawfully takes their child to another country with the intent to violate a parenting plan, that is a federal crime under the International Parental Kidnapping Crime Act. International parental kidnapping cases are complex and require specific knowledge and skills related to international law.
If you’re facing accusations or your child’s other parent is engaging in wrongful behavior, Schaffer Family Law, Ltd. can help you make sure your family’s rights are protected. Contact our office to set up an initial consultation.