Child custody concerns are always stressful, and child custody tends to be one of the most contentious components of divorces that involve shared children. If, however, you are facing an incident of parental kidnapping, the matter is far more serious, and you need the trusted legal counsel of an experienced Round Rock child custody attorney in your corner.
The Child’s Best Interests
It’s important to emphasize that Texas courts base child custody determinations on the best interests of the involved child. Unless there is a serious reason for ruling otherwise, both parents are entitled to spend a considerable amount of time with their child, which is nearly universally considered best for everyone involved.
Children benefit in terms of all the following:
Bonding and maintaining a close relationship with both parents into the future
Having more enriching experiences growing up
Minimizing the feeling of being caught in the middle
Children love and need both their parents in their lives and being ripped from one parent or the other in a parental kidnapping situation can lead to serious emotional damage.
Parents who are able to strike a happy balance with a shared-custody routine benefit in multiple ways that include all the following:
Minimizing conflict between themselves
Sharing the immense effort that parenting requires
Affording both parents consistent breaks from the 24/7 parenting cycle
Helping the children adjust to their new circumstances, which – in turn – makes parenting less stressful
Helping themselves adjust to their new normal, which can also bolster their mental and physical health and well-being
Child Custody Disputes
It is not unusual for child custody disputes to arise when parents divorce or break up. When one parent, however, takes the matter into their own hands by absconding with the child, it’s called parental kidnapping, and it can lead to drastic consequences.
Fleeing to another area of the country or even to another country in order to deny one’s ex access to their child can qualify as parental kidnapping. And if you’re the parent who has been affected, it’s time to address the matter legally.
What Is the Definition of Parental Kidnapping?
Both parental kidnapping and parental abduction refer to the same criminal offense in Texas. While most custody-related concerns are civil matters that are handled by civil courts, parental kidnapping is a criminal charge that is handled by criminal courts.
Working with a firm that has experience in both civil child custody cases and criminal parental kidnapping charges is the surest means of protecting your parental rights and ensuring that you don’t lose access to your children – either long-term or permanently – due to their other parent’s wrongdoing.
Parental Kidnapping
Parental kidnapping refers to taking one’s own child – who is either a minor under the age of 18 or who is under guardianship – away from their other parent when doing so is against court orders. The charge can apply when there are temporary or permanent child custody orders in place that name the other parent as the primary conservator.
Both parents are required to follow the parenting time schedule that’s handed down by the court. Willfully denying this schedule by purposefully keeping one’s child from their other parent can support a charge of parental kidnapping.
In Texas, a parent can kidnap their own child, which is referred to as interference with child custody, and each of the following examples fit the bill:
The parent knows they are violating the express terms of a court’s judgment, including any temporary orders that are in place.
The parent takes the child out of the judicial district where a custody case regarding the child is pending without the court’s permission and as a means of depriving the court of authority over the child’s custody.
The parent takes the child out of the country with the intention of depriving the other parent of the possession or access to the child that they are entitled to – without that parent’s permission.
Even taking a child over state lines can qualify when the parent doing the taking does so to deprive the other parent of the possession and access that the court has deemed them entitled to.
When a parent entices a child to leave the custody of their primary custodial parent, it can also qualify as parental kidnapping or interference with child custody. Finally, a parent who regularly keeps a child beyond the specifications set by the court – depriving their other parent of court-ordered access in the process – can potentially face parental kidnapping charges.
When There Is No Child Custody Order in Place
Unless one parent has been stripped of their parental rights by the court, both parents have the right to spend time with their shared child. And before any court orders are put in place, there is nothing to enforce, which means you would have a very difficult time getting the authorities involved – other than when the matter relates to a safety issue or to child endangerment.
This is why Texas courts often issue temporary child custody orders while divorce and child custody cases are pending. By doing so, the court helps establish the ground rules that each parent is required to abide by to protect their parental rights and their children’s best interests.
When an Extended Family Member Is Involved
It’s very common for extended family members to be involved with childcare when parents are together, and it is even more common after divorce.
While your parenting time schedule determines which parent has possession of your child at any given time, a grandparent, aunt, or uncle on either side of the family may have the authority to pick them up from school or daycare or to provide them with care while the parent who is responsible for the children at the time is at work or is otherwise called away.
Generally, this isn’t an issue, but if the fill-in care provider is the party who is keeping your child from you, it can be a very big problem. The State of Texas addresses the matter succinctly.
Anyone who takes a child or conceals a child’s whereabouts in violation of a court-ordered child custody agreement can face the state jail felony charge of liability for interference of possessory right – or for aiding and assisting with this form of interference.
Legal Responsibility
This means that if a relative of your children’s other parent helps them in their bid to keep your shared child from you – in defiance of court orders – the relative can also be held legally responsible.
Factors that can affect whether or not the relative will be found liable include their knowledge of your child custody terms, whether or not they intended to violate the court order that’s in place, and their level of involvement in keeping, concealing, or transporting your child.
The Charge of Interference of Possessory Right
In Texas, interference with possessory rights is a state jail felony with considerable legal and social consequences. A conviction can result in 6 months to 2 years in a state jail facility and fines of up to $10,000.
If You’re Concerned that Your Child May Have Been Kidnapped by Your Ex
If you have good reason to believe that your ex has kidnapped your shared child and if your concerns are based on past experience with them, taking speedy action is always advised. This comes down to reaching out to your dedicated child custody lawyer and strategizing the best path forward given the unique circumstances of your case.
Generally, this means notifying the Texas Department of Family and Protective Services (DFPS) and providing the local authorities with a copy of your child custody agreement, your ex’s name and description, and your child’s name and description.
If you’re not sure what’s going on and have no reason to suspect parental kidnapping, it’s important to carefully assess the situation. There may be a perfectly reasonable explanation for why your child’s other parent hasn’t returned them to you yet, including car trouble, traffic, a situation beyond their control, or simply forgetting where they were supposed to be and when.
We all make mistakes, and flying off the handle before you know you’ve got a real problem on your hands is unlikely to do you any favors.
The bottom line is that parents who engage in parental kidnapping rarely do it out of the blue. They generally give the other parent plenty of reasons to worry before they take drastic action.
If you are beginning to sense that your ex is up to something, it’s a good idea to discuss the matter with your compassionate child custody attorney and to document whatever warning signs you see, including when they have the kids but are late bringing them back to you.
If You Believe Your Child Is in Danger
If you take actions that are intended to keep your child away from your ex because you credibly believe that spending time with them puts your child in harm’s way, the law does offer some protections in relation to potential parental kidnapping charges.
Protecting a child from family violence can be a valid defense for interference with child custody, but it’s important to tread lightly.
Withholding visitation in defiance of a court order puts you in contempt of court, which can lead to serious consequences that make it more difficult for you to protect your child. A better course of action is consulting with your focused Round Rock child custody lawyer about navigating the challenging path forward.
Ultimately, if you believe that your child is in imminent danger when they are with their other parent, you shouldn’t wait to contact DFPS. DFPS can open a case on behalf of your child, and your knowledgeable child custody attorney will help you put an emergency protective order in place. This can impose safeguards that restrict your ex’s legal access to your shared child.
An important point to make here is that you will be called upon to prove that your ex represents a danger to your shared children. This means you’ll need clear and convincing evidence that family violence has already occurred or is likely to occur if the parent continues to have visitation with the child.
Other forms of evidence that could help you make your case can include eyewitness testimony, correspondence between you and your ex, recorded messages from your ex, recorded conversations with your ex, school records, your child’s relevant medical records, or anything else that tends to support your claim.
Child Custody Modifications
The child custody terms you originally received may not be as effective as your lives evolve. As time passes, your child will require less constant attention but will likely have more complex scheduling needs, and Texas courts are well aware of these natural shifts that every family experiences.
In other words, many divorced couples and parents who are no longer together require child custody modifications, and if the party seeking the modification can demonstrate that there has been a significant change in circumstances since the orders were handed down, the court will take their request into careful consideration.
The right answer to a child custody issue is never taking the child and simply keeping them from their other parent, which is not only a felony but can also cause the child to experience irreparable harm. If your ex isn’t interested in addressing parenting time issues that arise through legal channels, a savvy Round Rock child custody lawyer can help.
Turn to an Experienced Round Rock Child Custody Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Round Rock child custody lawyer with a solid track record of successfully resolving complex cases, including those involving parental kidnapping. He’s here for you, too. Learn more about what we can do for you by contacting or calling us at 254-781-4222 and scheduling a free consultation today.