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Parental Kidnapping

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Parental Kidnapping

January 21, 2024

By Johnson/Turner Legal

Parental Kidnapping

January 21, 2024

By Johnson/Turner Legal

Addressing Child Custody and Parental Kidnapping in Divorce

The Challenge of Child Custody Disputes

Child custody often becomes the most intense and contested issue in divorce or custody cases. After the trial, it’s common for one or both parents to be dissatisfied with the court’s decision. While this usually leads to an appeal or future modification, it can also result in lingering animosity between the parents. In extreme cases, a parent might defy the custody order, potentially escalating to parental kidnapping.

Understanding Parental Kidnapping under Minnesota Law

Minnesota Statutes Section 609.29 specifically addresses the crime of intentionally violating custodial or parental rights. This includes actions like concealing or keeping a minor child with the intent to significantly deprive another parent of their rights or parenting time. This applies not only to situations with established court orders but also when custody or visitation actions are underway without a final order. Defenses to this crime include actions taken to protect the child from harm or having the other parent’s permission. However, custodial interference can lead to severe legal consequences, including imprisonment, especially if aggravated by threats or use of a weapon.

The Impact of Custodial Interference on Custody Rights

Beyond criminal penalties, custodial interference can profoundly affect custody battles. Courts highly value a parent’s ability and willingness to encourage a relationship between the child and the other parent. Interfering with custody or visitation can severely damage a parent’s case, potentially leading to the loss of custody or visitation rights.

Seeking Legal Assistance for Parental Kidnapping and Custody Issues

Parental kidnapping and custodial interference are serious issues requiring skilled legal guidance. If you face such challenges, our experienced attorneys are here to help. Contact us at (320) 299-4249 for a consultation to explore options for your children and your case, ensuring their best interests remain a priority.

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