Kidnapping Your Own Child – Yes, You Can Be Charged

 Posted on April 17, 2018 in Uncategorized

An incident of kidnapping frequently conjures thoughts of ransom notes or phone calls from an individual using some device to disguise their voice. However, more and more cases of kidnapping involve disputes between parents that result in Amber Alerts and loss of visitation privileges or worse.

Parental Kidnapping

In many cases involving divorce and child custody arrangements, emotions run high, and one party or the other may feel that they received less than fair consideration when it comes to the custody or visitation rights of their children. However, parental kidnapping is not something that is limited to the non-custodial parent.

While there are cases in which a non-custodial parent may attempt to flee the state with their child, even the parent who is awarded primary custody may be charged with parental kidnapping if they deprive the other parent of lawful access and visitation. No matter the situation, consulting with an attorney is a far better alternative than attempting to take the law into one’s own hands.

Kidnapping Defenses

When working with an experienced and qualified criminal defense attorney, it is important to lay out one’s reasons for why their actions may have been misconstrued as a kidnapping. A couple of defense strategies may be employed to help avoid a conviction:

• If one can prove that the child or person was removed from their home and taken to a different/unknown location for their own protection, a defense of necessity might be employed. This will almost certainly require the defendant to demonstrate why such an action was necessary.
• Some defendants can claim they proceeded with an act of kidnapping based on false information provided by another person. For example, if a child claims (falsely) that a parent is abusive, the defendant can offer a defense of mistake in that they were acting under false information.

These summaries are provided only for educational purposes and are best implemented when the details of any case are thoroughly vetted by an experienced defense attorney.

Retain an Experienced Illinois Criminal Defense Attorney if You Are Charged With Kidnapping

Even if you believe that your children would be better off in your care, simply removing them from their home without proper notification or permission can carry serious consequences. This no time to take chances with your parental rights or freedom. Rely on a knowledgeable criminal defense lawyer to provide you with aggressive representation in the face of criminal charges. The Law Offices of Jack L. Zaremba, P.C. taps important resources and scours all applicable case law and precedent in an effort to help every client obtain a fair hearing. Contact our Will County kidnapping defense attorney at 815-740-4025 to schedule an initial consultation and learn how an experienced legal team will benefit you throughout the criminal process.