What to Do After Parental Kidnapping in Illinois

 Posted on April 12, 2019 in Child Custody

Movies, television, and media reports would have us all believe kidnappers are lurking in bushes and snooping around playgrounds, ready to nab a random child whenever the opportunity presents itself. This could not be farther from the truth. While strangers do abduct children, these types of kidnappings are not the rule, but the exception. In fact, in only 0.1 percent of child kidnapping cases (one out of 1,000) is the abductor a stranger to or a slight acquaintance of the child. Almost all abductors are family members, and in most of these cases, it is one of the parents.

Parental kidnapping occurs when one parent has custody of the child and the other goes against a court order and takes the child unlawfully. Sometimes the parent takes the child back home, which could be in the same town. Other times, desperate parents leave the state or even the country. If your child was abducted by his or her other parent, a family law attorney can:

• Help you locate your child;
• Make sure the other parent does not receive custody;
• Fight to ensure future visitations are supervised by the state; and/or
• Fight to take away all visitation rights of the other parent.

Parents Without Custody Order Can Commit Abduction

While most children are taken by a parent during a child custody dispute or in the months or years after the custody decision has been made, it is also possible for a parent to commit the crime of abduction even if no custody has been issued. For example, if a married spouse or an ex-spouse were to take their child on an unannounced trip without notifying the other parent, they may be committing child abduction. Under Illinois statute 720 ILCS 5/10-5, it is unlawful for a parent to knowingly conceal their child for 15 days or more if they fail to make reasonable attempts to notify the other parent of the specific location of the child. This type of abduction would seriously damage the negligent parent’s chances of receiving a favorable child custody decision in court.

Contact a DuPage County Child Custody Lawyers

Did your child’s other parent take them without permission? Whether you are married, going through a divorce, or already divorced or separated, the skilled DuPage County child custody attorneys of the Andrew Cores Family Law Group can help you win full custody, or reduce the other parent’s visitation. Call us today at 630-871-1002 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5

https://www.washingtonpost.com/opinions/five-myths-about-missing-children/2013/05/10/efee398c-b8b4-11e2-aa9e-a02b765ff0ea_story.html?utm_term=.aec4407af851