Can You Kidnap Your Own Kid?

Parental rights are a critical and sensitive issue, especially in cases of divorce, separation, or custody disputes. What happens when one parent holds on to their child beyond their scheduled custodial time, or what if they move out of state and take their kid with them? Believe it or not, parents can be accused of kidnapping their own children, and the law in Texas takes such allegations seriously. Below we explore this sensitive legal issue, describing what parental kidnapping is, its legal ramifications, and how to protect your parental rights. For help with child custody, divorce, parental rights or other family law matters in Harris County, contact the Law Office of Maria Lowry to speak with a knowledgeable and compassionate Houston family law attorney.

What Constitutes Parental Kidnapping?

Parental kidnapping, also known as custodial interference, occurs when one parent takes a child without the legal right to do so, thereby violating the other parent’s custodial rights. This can happen in various ways, including:

1. Taking the Child Without Agreement: If a parent takes the child without the agreement of the other parent or during a time designated by court order for the other parent to have possession of the child.
2. Refusing to Return the Child: If a parent fails to return the child at the end of a possession period, it can be considered parental kidnapping.
3. Hiding the Child: Keeping the child’s whereabouts secret from the other parent, thereby hindering the other parent’s legal custody or visitation rights.

Legal Ramifications of Parental Kidnapping in Texas

In Texas, parental kidnapping is a criminal offense that can lead to severe consequences. Under the Texas Penal Code Section 25.03, interference with child custody occurs when a person knowingly takes or retains a child under 18 years of age in violation of a court order. The penalties for this offense can include:

• Criminal Charges: Interference with child custody is typically classified as a state jail felony, which can result in up to two years in state jail and a fine of up to $10,000.
• Civil Consequences: Beyond criminal penalties, the offending parent may face civil repercussions, such as being held in contempt of Court (punishable by fines or jail time), being ordered to pay the other parent’s legal fees, and facing restrictions on future visitation.

Defenses to Parental Kidnapping Accusations

In some cases, a parent accused of parental kidnapping may have valid defenses, such as:

• Protecting the Child: If the parent can prove that taking the child was necessary to protect them from imminent harm or abuse, it may be a legitimate defense. This should only be done in an emergency and the advice of an attorney will be needed immediately.
• Lack of Knowledge: The parent may argue that they were unaware of any existing custody orders or did not understand that their actions were in violation of such orders. This rarely comes up because both parents are noticed during the process of making court orders.
• Consent: If the parent can demonstrate that they had the other parent’s consent to take or retain the child, it may serve as a defense. Know what your order says about agreements, and get all agreements in writing – even text or email.

Steps to Prevent Parental Kidnapping

If you are concerned about the possibility of parental kidnapping, there are steps you can take to protect your child and your custodial rights:

1. Obtain a Clear Custody Order: Ensure that your custody agreement is clear, specific, and legally binding. This can help prevent misunderstandings and provide legal recourse if your rights are violated.
2. Keep Detailed Records: Document all interactions with the other parent, including agreements, visitations, and communications. This can serve as evidence in case of a dispute.
3. Communicate with Authorities: Inform school or daycare staff about your custody arrangement and provide them with copies of court orders. This can help prevent unauthorized pick-ups.
4. Seek Legal Assistance: If you believe the other parent may attempt to kidnap your child, consult with a family law attorney to discuss preventive measures and legal options.

Contact the Law Office of Maria Lowry, PLLC

Navigating the complexities of parental kidnapping allegations and custodial disputes requires knowledgeable legal guidance. At the Law Office of Maria Lowry, PLLC, we are dedicated to helping parents protect their rights and their children’s well-being. If you have concerns about parental kidnapping or need assistance with any Houston family law matter, call 713-850-8859 for a consultation. We are here to provide you with the support and representation you need.