Wednesday, 25 March 2015

Understanding the Parental Kidnapping Laws

A person is found guilty of kidnapping when he or she steels away something or abducts someone. This act is unlawful and holding a person against his or her will is punishable under the law of every country. The laws are extremely strict in the state of Georgia and kidnapping a person attracts strict punishment.

The cases of child kidnapping are increasing day by day and the courts across the U.S are very serious about the crime. In most cases the kidnappers are found to be thieves, who try to blackmail people to get money. But, there have been cases where parent indulge in such a crime of kidnapping their own child.

Parental Kidnapping

If you feel that just calling the police when your husband (father of the child) kidnaps the child will resolve the matter, think again. The police of Georgia can only help you if you have the court orders regarding the custody of the child.
However, the parental kidnapping laws of Georgia are quite tough and it will not be easy for the guilty party to hold their fort in the court, if you possess the custody orders from the court.

Parental Kidnapping Law

Centuries ago, the government of the United States of America made kidnapping of children a federal offence. However, there was a loophole, where it was assumed that parents would not kidnap their own child. Thus states had to pass an independent state law to cover this gap and the laws thus created are known as the parental kidnapping statues. Every state has its own parental kidnapping statute which describes the act as unlawful.

What the Law Says 

A Defined Deadline

Adoptive or natural parent cannot retain the child for a period exceeding 24 hours, with the intention of detaining the child from his or her legal parent or guardian. In other words, if you have the custody of the child and your partners intends to keep the child for longer duration then that will be termed illegal.

Custody Only in Case of Divorce

If you are married then there is no custody notice and no parental kidnaping case can be made. It is only after you separate that you can ask the court to grant you the custody of the child. In case the parties never got married and conceived a child, a parent can file for custody under the child custody act.

Parental kidnapping laws are different in every state, thus you need to understand them thoroughly to ensure that you are on the right side of the law. Brief yourself about the parental kidnapping laws in Georgia and take the necessary action in case such a crime occurs.


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