Kansas Parental Kidnapping Laws

Kansas Parental Kidnapping Laws

This section provides state-specific information on kidnapping prevention orders, which can be used as a tool to prevent parental abduction. For more information on parental abduction, please visit our General Parental Abduction page. For specific advice, please consult an attorney familiar with Kansas` custody laws. For free and paid lawyers, visit our KS Find a Lawyer page. Parental abduction can be described as a situation in which one parent escapes with their child either by violating a custody agreement or without the consent of the other parent. According to Kansas law, parental abduction, also known as interference with parental authority, means: 21-5409. more difficult interference with parental authority. (a) interference with parental authority: the abduction or seduction of a child under 16 years of age with the intention of detaining or concealing him or her from his or her parents, guardian or any other person having legal responsibility for that child; However, there are a few exceptions to parenting interventions in Kansas. These include: (4) “custody proceedings” means proceedings involving custody, physical custody or access of a child. The term includes proceedings for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, deprivation of parental rights, or protection from domestic violence. If you`ve been accused of abducting or abducting your own child, it`s imperative that you hire a highly trained Kansas criminal defense attorney to develop a defense strategy. Roth Davies LLC is committed to providing expert legal advice and aggressive representation to clients accused of parental abduction.

Here are some common examples of acts that can be considered parental abduction: According to Kansas law, parental abduction can be divided into two categories – simple and serious interference with parental authority. (1) engage a person to commit the offence of infringement of parental authority referred to in paragraph (a); or Depending on the seriousness of the crime and other accompanying circumstances, possible penalties and consequences for parental abduction in Kansas include: Serious interference with parental authority is a serious personal crime 7. A person with a criminal record commits again the crime of interference with parental authority. Defending your parental abduction allegations without experienced representation could easily increase your chances of getting the maximum sentence. Unfortunately, a criminal conviction could jeopardize your freedom, personal reputation, custody and visitation rights, family relationships and future opportunities. Therefore, if you are facing allegations of parental abduction, it is paramount to immediately hire an experienced criminal defense attorney to explore your possible defenses and protect your custody rights. Child abduction and parental abduction are common in Kansas and throughout the United States. According to the latest statistics from the U.S.

Department of Justice, up to 200,000 children are victims of family abduction each year. Serious interference with parental authority involves hiring another person to assist in the commission of the crime of undermining parental authority, as defined above. Crime also occurs when: Kansas custody attorneys answer frequently asked questions about Kansas` detention laws and how custody is decided in Kansas. Parental abduction occurs when one parent abducts their child without the consent of the other parent. An accused convicted of parental abduction could face severe penalties, including massive fines, possible jail time, loss of custody, a criminal record, and other devastating life-changing effects. Roth Davies LLC lawyers have the expertise, diligence and resources to defend and represent parents wrongly accused of abducting their child. As your legal counsel, they will investigate every detail of your case and develop an effective defense to get the most favorable outcome for your unique situation. The firm can help you navigate Kansas` criminal justice system and guide you through every step of the court process. They will vigorously represent you in court, try to prove your innocence and improve your chances of a better future.

An experienced parental abduction attorney in Kansas can thoroughly investigate all the facts surrounding your case and determine the best defenses to avoid the far-reaching implications of a criminal conviction. If you have been arrested and charged with parental abduction or abduction, it is imperative that you contact an experienced criminal defense lawyer immediately. Your lawyer can tell you about the possible criminal consequences of your allegations and whether your actions fit within any of the exceptions. A simple intervention in parental authority is to remove a child under the age of 16 with the intention of holding him or her away from the other parent. Interference with parental authority may be punishable as a Class 10 felony, a personal crime or a Class A offence, depending on the circumstances. (5) `court` means a body empowered by the law of a State to establish, enforce or vary a decision on police custody; An experienced lawyer can assess every detail of your unique situation, educate you about possible sanctions and consequences, and determine your best defense strategy. You can and should gather evidence to support your position on detention. However, there is no guarantee that the evidence you have gathered will be admitted by the court.

Roth Davies LLC can review all the facts of your case, help you understand the potential criminal consequences, and define an effective defense to combat the allegations against you. The firm is proud to represent clients in Overland Park, Kansas, and throughout Johnson County. Related article: 5 Challenges Divorced Fathers Face There are well-founded concerns about the safety and health of the child with the other parent. A judge may question your child in chambers (the judge`s office) to help determine custody, residence, access and parental leave. Related article: Preparing for a Provisional Hearing No. Instead, the court will consider many other factors in awarding custody, including the parent who was the primary caregiver, the stability of each parent, the quality of the affection given by each parent, etc. One parent removes or hides a child from the other parent during marriage, custody or paternity proceedings. The Parental Protection Against Abduction Act is a federal law. This law also protects parents and children in Missouri, Illinois, Kansas and Oklahoma from an unfavorable custody decision by another state. Related article: The Nuclear Weapon of Divorce: Protection Orders An experienced attorney can review the facts of your case, explain the nature of your charges, and determine your possible defenses.

6. A “petition” includes a request or equivalent. There are reasonable concerns about abuse or threats of abuse or abuse. Once a judge has made a final custody decision, you can apply for a change if circumstances change significantly. This is demonstrated by proving that the child`s life or environment has changed or something has happened, so a change of custody is appropriate. Related article: What are grandparents` visitation rights? A divorced parent without a custody order takes the child to an isolated location without informing the other parent. Possible deportation or illegal entry into the United States (if the defendant is not a U.S. citizen) Joint custody means that each parent has the same right to make decisions in the best interests of the child. Sole custody means that one parent has primary authority to make decisions that affect the health, education and well-being of the child.

Sole custody does not completely prevent the other parent from participating in decisions, but it does mean that the sole guardian has the final decision-making authority. “Conceal or lure a child under the age of 16 with intent to detain or conceal that child from the parent, guardian or other person who has lawful responsibility for that child.” – Kansas Statutes Section 21-5409.

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