Texas Parental Kidnapping Lawyer
In marriages and divorce proceedings, disagreements are typical, often arising over important things such as children and parenting time. However, when these disagreements escalate, they can lead to disputes and arguments between parents, often to the detriment of their children. In some cases, one parent may prevent the child from seeing the other parent, and sometimes even leave with the child, not telling the other parent where they are going. To address these serious and often dangerous actions, the Parental Kidnapping Prevention Act was established to hold parents accountable. Parental kidnapping is a subject that is as serious—and dangerous—as it gets when it comes to Texas family law.
Feeling uncertain about how much you will be able to see your child after a divorce has been finalized can be a hard situation to deal with. Feeling unsure about your ability to see your child at all or fearing for their safety is an entirely different matter. Child kidnapping strips a parent of the parental autonomy and control they have over their child’s life. It is a terrifying situation to deal with, one that can leave you feeling utterly powerless and fearing for your child’s safety and well-being. The Parental Kidnapping Prevention Act serves as a crucial legal safeguard to protect the rights of parents and make sure the welfare of children is protected in such distressing situations.
If you are searching for a Texas child custody lawyer near you to help you with a child kidnapping situation, contact Eric M. Willie at 512-748-0834 for a Free Consultation.
What Is Parental Kidnapping In Texas?
The Parental Kidnapping Prevention Act was enacted to address and mitigate the severe issue of parental kidnapping. According to Texas Penal Code §25.03, commonly known as the Texas Parental Kidnapping Law or Interference with Child Custody, a parent who takes or keeps a child under the age of 18 could be committing an offense under several specific conditions. These conditions are as follows:
- If the person knows that their actions of keeping a child from the other parent violate the express terms of a judgment or child custody court order, including temporary orders regarding the child’s custody, they may be committing an illegal offense. This means that any act of taking or keeping the child against what has been explicitly ordered by the court is illegal.
- If the person has not been awarded custody by a court of competent jurisdiction, or knows that a suit for divorce or a civil suit regarding the child’s custody has been filed, and then takes the child out of the geographic area that has been defined by the court’s jurisdiction, they could be committing an illegal offense. Removing a child from a geographical area or going against a court child custody order is a serious offense that highlights the importance of not removing the child from the area without court permission. This is especially true if it is done with the intent to deprive the court of its authority over the child.
- Taking the child outside of the United States with the intent to deprive a parent entitled to possession or access to the child, without that person’s permission, constitutes an offense under this statute. This highlights the seriousness of international parental kidnapping and the intent to prevent such situations.
Can A Parent Take A Child Without Consent In Texas?
Many parents hold the belief that they have complete and total rights over their children, and should not have to ask permission from the other parent to spend time with their child, even after a divorce. They often assume that they can make decisions about taking their child on vacations or keeping their child without the need for the other parent’s consent, regardless of custody arrangements. There are laws with regard to notice of intent to relocate in Texas.
However, this assumption of parental rights is incorrect. In Texas, for instance, it is considered kidnapping if a parent takes, hides, or keeps their child without the consent of the other parent. This includes taking their child:
- Out of state
- During the other parent’s scheduled time
- On a vacation without obtaining permission from the other parent
The Parental Kidnapping Prevention Act in Texas protects the importance of respecting custody agreements and maintaining clear communication by making it illegal to take, hide, or keep a child from another parent. This is in an effort to ensure the well-being of the child by forcing them to comply with legal requirements.
Penalties For Parental Kidnapping In Texas
Under Texas Penal Code §25.03(d), it is a state jail felony to commit the act of parental kidnapping. This serious offense carries severe legal consequences, as the state of Texas does not take any form of kidnapping lightly. Those who are charged with parental kidnapping could face:
- A potential jail sentence of up to 2 years
- Fines that can reach as high as $10,000
- Reduced ability to see their child in the future
Beyond the kidnapping penalties, the offending parent may also face additional charges if the act of kidnapping the child was accompanied by other crimes. For instance, if the parent were found to have committed child abuse or child endangerment during the kidnapping, these offenses would be added to their initial kidnapping charges. These additional charges will add further legal complications and potential sentences.
Moreover, if a weapon was used during the act of kidnapping the child, it could result in even more severe penalties. This reflects the gravity of the situation and the increased danger posed to the child due to a firearm being present. The parental kidnapping laws in Texas are designed to protect children and ensure that custody agreements are upheld on both sides in an effort to protect the best interests of the child. These legal penalties emphasize the serious nature of parental kidnapping.
Contact An Experienced Texas Child Custody Attorney Near You
If you are searching for a Texas child custody lawyer near you to help you with a child kidnapping situation, contact Eric M. Willie at 512-748-0834 for a Free Consultation.
If your ex-spouse is keeping or has taken your child without your express permission, an experienced child custody attorney in Austin, like Eric M. Willie, can provide invaluable assistance. With his extensive experience in family law, Eric M. Willie understands the complexities and emotional challenges involved in custody disputes where a parent is withholding their child. He can help you navigate the legal process, ensuring that your rights as a parent are upheld and that your child’s best interests are protected at all times.
Eric M. Willie will work diligently to help return your child to you by using the court system. He will gather evidence, file necessary legal motions, and represent you and your child’s best interests in court. His comprehensive knowledge of Texas child custody laws enables him to build a strong case for the return of your child and hold the offending parent accountable under the Texas parental kidnapping statutes. Whether it’s negotiating with the other parent, securing emergency custody orders, or pursuing charges of parental kidnapping, Eric M. Willie’s vast experience with child custody and dedication to his clients can provide the support and legal recourse you need during this difficult time.
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