Can You Be Arrested For Kidnapping Your Child in Frisco?
In Texas, there are some circumstances where a parent can be charged with kidnapping their own child. Most often, parental kidnapping occurs during contentious custody battles. Under Texas law, a parent can be convicted of parental kidnapping (also called interference with child custody) if they take or retain their minor child under any of the following circumstances:
- The individual knows that taking the child violates a court judgment or order for child custody, including temporary orders.
- The individual has not been awarded custody, is aware that a divorce or child custody case has been filed, and takes the child out of the geographic area of the court with the intent to deprive the court of authority over the child.
- The individual takes the child outside of the U.S. with the intent to deprive the other parent of possession or access to the child.
- The noncustodial parent knowingly entices or persuades the child to child the custodial parent.
For example, if you have a child custody order with a visitation schedule, you cannot just fly off to Disneyland for a week with your child without the other parent’s consent during their scheduled custody time. You must follow the visitation schedule laid out in your orders.
It is an affirmative defense if keeping the child was caused by circumstances beyond the defendant’s control, and the defendant promptly provided notice or tried to provide notice of these circumstances to the other parent.
Can You Be Arrested For Parental Kidnapping If There is No Custody Order in Place?
If there is no custody order (temporary or permanent) or divorce case, it is unlikely for an individual to be arrested for parental kidnapping in Frisco. Generally, both parents have a right to access their child.
What are the Penalties for Kidnapping Your Child in Frisco?
In general, kidnapping your child is a state jail felony in Frisco. State jail felonies are punishable by 180 days to two years in state jail and up to $10,000 in fines. The parent can face additional penalties if they commit other crimes in conjunction with the kidnapping, such as child abuse. A parental kidnapping conviction can also result in you losing custody rights.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing parental kidnapping charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.