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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Understanding Parental Kidnapping Laws in Georgia

Divorces can be quite messy and a lot of laws have been enacted to cater for the various scenarios that avail in such disputes. Things get even more complicated when there are children involved in the equation. Parental kidnapping laws in Georgia are meant to help you in the event of your estranged partner talking custody of your child and fleeing the state effectively deprived you of any access to the child. If you are the one contemplating this course of action, then you are best advised to extinguish such thoughts and know that it is a path filled with thistles and thorns.

What Is Parental Kidnapping?

Parental kidnapping applies to divorce cases and refers to the act by one of the feuding parties of seizing the child or children sired from the union and fleeing. This is an attempt to deprive the other parent of their custody. Parents who resort to this strategy always lose in the end.

Parental kidnapping can be viewed form a number of angles.

• It Is a crime 
• It Influences the court’s decision in a custody case
• It Constitute child abuse

One aspect that is covered by this law relates to overlapping jurisdiction. Federal law does not allow more than one state to have jurisdiction over the same case. In cases of parental kidnapping, the state where the child in dispute ordinarily resides has jurisdiction over the case. This has effectively put a stop to instances where parents who feel they have received a raw deal in a custody ruling will snatch the child and flee to another state in the hope of a better ruling. This law thus prohibits courts from overturning custody decisions established in other states.

Parental kidnapping is against the law and the courts that you were trying to deprive the jurisdiction over the case will almost certainly go against you. The act of kidnapping does not only rob the parent of the custody of the child but also robs the child of their right to have access to both parents. These types of abuse will also factor into the ultimate court decision. 

The worst case scenario is when one parent grabs the child and leaves the country altogether. Such cases international law will offer the same protections to the child and the parent that has been deprived access to the child. If your ex has kidnapped your child, find a good divorce lawyer and have them go to work immediately.

Divorce cases are often full of drama and desperate measures usually set in. Some parents will grab the child and run in anticipation of or after receiving an unfavorable custody ruling. There are laws in place to help the deprived parents and child in such circumstances and you need to secure the services of a competent divorce lawyer as a matter of urgency to get your child back.

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