Frequently both parents have equal rights regarding their children. They can decided where their children can go and for how long. When parental kidnapping takes place, it is very rarely about the child – it is mostly about the parents.
Parental kidnapping takes place when one parent takes the child to an unknown location to deny the other parent custody or visitation rights. If this happens, a warrant will be issued for the parent’s arrest and the other parent will be granted emergency custody.
If one parent must move out of state because of a job opportunity and the other parent is aware of the situation, this is not considered kidnapping.
The court always looks at the best interests of the child in determining child matters. The court believes the child should have contact with both parents. If you are in the middle of a child custody battle and are afraid of possible parental kidnapping on the part of your former spouse, contact an experienced Orange County Family Law attorney; parental kidnapping is a felony and this type of action can have long-term emotional effect on your child.
