Blog Home Can You Kidnap Your Own Child?
No, you cannot kidnap your own child, even if you believe you’re acting in their best interest. While it may feel like a parent has every right to make decisions about their child’s life, Illinois law doesn’t see it that way when it comes to custody violations. In fact, taking your child without the other parent’s permission, even if it’s for what you believe to be a good reason, can land you in legal hot water.
If you’re dealing with parental kidnapping charges, don’t wait to speak to experienced Chicago, IL criminal defense attorneys at the Law Offices of Andrew Weisberg. Contact us today for a consultation, and let us help you navigate this difficult situation.
What is Kidnapping?
Kidnapping generally refers to taking or holding someone against their will. Illinois law defines it as unlawfully confining or transporting someone without consent. When a parent is involved, the legal issue is consent. A parent may have legal rights over their child, but those rights don’t extend to unlawfully removing or hiding the child, particularly when a custody order is violated.
Parental Kidnapping Explained
Parental kidnapping, or custodial kidnapping, occurs when a parent takes their child without the other parent’s consent, especially when it violates a court order. This includes cases where a parent takes the child across state lines, refuses to return them after a visit, or acts outside the terms of a custody agreement.
Illinois law takes parental kidnapping seriously because it undermines the legal rights of the other parent and the child’s best interests. Even if a parent has legal rights to their child, those rights can be overridden if they break the law by violating custody agreements. Parental kidnapping doesn’t depend on the parent’s intent to harm the child—it’s the violation of the custody order that matters.
When Does Taking Your Own Child Become Kidnapping?
A parent may feel they have the right to decide where their child goes, but violating a custody order can lead to kidnapping charges. For example, refusing to return a child after a scheduled visit or taking the child without proper legal authorization can result in serious consequences.
If one parent tries to move a child out of the state or country without the other parent’s permission, kidnapping charges may apply. Taking the child without the other parent’s consent is illegal, even if a parent has concerns for the child’s safety. If the other parent has legal custody rights, taking the child could be viewed as criminal conduct.
The Role of Custody Orders in Parental Kidnapping
Custody orders are critical in determining whether a parent’s actions qualify as kidnapping. These orders are legally binding and ensure the child’s best interests are served. Violating a custody order—such as not returning the child as scheduled—can result in criminal charges, including kidnapping.
Custody orders are meant to prevent conflict and ensure fairness. Violating them harms the relationship between the parents and can negatively impact the child. If you’re facing such a charge, working with a criminal defense lawyer who understands Illinois family law is essential.
Legal Consequences of Parental Kidnapping in Illinois
In Illinois, the consequences of parental kidnapping are severe. If a parent is found guilty, they could face criminal charges, imprisonment, fines, and loss of custody or visitation rights. Federal laws may apply if the child is taken across state lines, leading to harsher penalties. Given the severity of these penalties, consult with an experienced criminal defense attorney to understand your rights and the best path forward.
Speak to Experienced Chicago, IL Criminal Defense Lawyers
Accusations of parental kidnapping are serious and can have lasting consequences on your family. Andrew Weisberg, a well-known Chicago, IL criminal defense attorney, has a proven track record of successfully defending individuals in complicated criminal cases, including parental kidnapping.
Andrew’s experience in both criminal defense and family law means he has the insight needed to navigate the intersection of these two areas and provide a strong defense for you. He will work closely with you, investigate the facts of your case, and advocate fiercely for your rights throughout the legal process. Call the Law Offices of Andrew Weisberg at (773) 908-9811 or contact us online to schedule your consultation.
