Parental Abduction and Custody in Illinois

 Posted on August 26, 2024 in Child Custody

Parents going through a divorce often fight when both want the most time with their children. Bitter custody battles can be a painful experience, but it can become even more traumatic if one parent decides to take impulsive action. In Illinois, if a parent violates the visitation schedule, they can be charged for parental abduction. If your child’s other parent might try to take them away from you, speak with a skilled Kane County, IL child custody attorney to hear your options.

 How Does Illinois Handle Parental Kidnapping?

Illinois courts prefer granting both parents some amount of visitation and parental rights. Even if one parent has primary custody, the courts try to ensure the other parent is involved in the child’s life. Unfortunately, some parents take their children without the authority to do so.

In addition to the emotional trauma of parental abduction, there are legal consequences. If a parent violates their parenting plan, they could face serious charges and consequences. According to Illinois law, the other parent can be convicted of parental abduction or kidnapping if they intentionally violate your custody order or intentionally hide your child or keep them away from you without your permission if you do not have a custody order. The charges they might face include:

• Misdemeanor: If they let your child skip your parenting time, they could face a misdemeanor charge, which can become a Class A misdemeanor after two prior convictions. They could serve for less than a year in prison and be fined up to $2,500.
• If they engage in child abduction, they can be charged with a Class 4 felony, which can include a prison sentence of 1-3 years and a fine of up to $25,000.

How Can Parental Kidnapping Affect Custody?

Married parents share equal custody of their children until they get divorced or legally separated and are issued a court order detailing how the couple will divide parental responsibilities and rights. It is illegal to violate the custody order, even if the child is the one who wants to skip out on the parenting time.

If your custody order is not yet finalized, parental kidnapping can have a significant impact on it. Since Illinois courts strive to make all child-related decisions by prioritizing the child’s best interests, they consider the following when deciding about custody:

• The child’s relationship with both parents
• Each parent's ability to provide the child with a safe and healthy environment
• The likelihood that each parent will make efforts to maintain the child’s relationship with the other parent

If one parent demonstrates an unwillingness to let the other parent be in their life, the court will want to rule out that this is due to domestic violence concerns. If it is not, the court will likely reduce the unwilling parent’s visitation rights.

Schedule a Free Consultation with a St. Charles, IL Family Law Attorney

Worrying that your child’s other parent could abduct them and keep them away from you can be a horrible experience. Speak with a dedicated Kane County, IL child custody lawyer who can explain how to handle these concerns and how your custody order can be legally enforced. At Goostree Law Group, we are passionate about helping families get the best outcomes. Call us at 630-584-4800 to schedule a free consultation.