Select Page

Parental Kidnapping on Long Island — What Is It?

by | Apr 16, 2019 | child custody and support, divorce, News and Events

It’s a fear many parents have when sharing custody of their child with their ex — will their ex kidnap their child? Will they refuse to bring them back at the appointed time after visitation? Will they take the child out of state? Parental kidnapping is a serious issue that is important to understand when you and your spouse divorce and you will be sharing custody of your child in some capacity. Here’s what you need to know and what your legal options are if your child is taken by your ex.

Divorce Attorney Consultation

What Is Parental Kidnapping?

Kidnapping, by its most basic definition, is the unlawful act of taking a person without their consent, usually by fraud or force. Parental kidnapping is a little different, however, two critical components remain the same — it’s unlawful, and it’s without consent. In this case, the consent of the custodial parent is what is being violated, since children cannot legally provide consent themselves.

The most common example of parental kidnapping is when the non-custodial parent does not return the child after visitation. They may use the child as leverage to threaten the custodial parent. Another common example would be the custodial parent refusing to provide the child for visitation when the non-custodial parent has visitation rights.

Proving Parental Kidnapping

If your ex has taken your child and you believe it to be a situation of parental kidnapping, you need to be able to prove the following:

  • Your child was under the age of 18 at the time they were taken
  • Your ex did not have the right to custody at the time the child was taken
  • Your ex willfully and maliciously took and kept your child away from their primary custodian

If any of these elements do not exist, it’s possible — and arguably probable — that the charges would be dismissed. For example, parental kidnapping cannot occur if the child is 18+ years old. If they are kidnapped and even if it is their parent that does so, it would be a case of criminal kidnapping under New York law. If your ex had rights to the child, such as if it was legally their time for visitation, they cannot be charged with kidnapping. Willful intent must also exist.

Can Parental Kidnapping Be an Accident?

In some cases, an individual may be charged but not all elements are in place to prove the crime exists. For example, your ex may not have meant to take the child. They may have forgotten the arranged drop-off time. Or, you may not intend to kidnap your child by taking them out of state, but your ex (presuming they have legal rights to the child) files a motion against you for kidnapping because you did not make them aware nor did they agree for their child to be taken out of state. Many charges of parental kidnapping end up being accidental simply because the parent wasn’t aware of the laws governing the situation.

Contact Our Long Island Divorce & Family Law Firm for Help With Your Parental Kidnapping Case

See this page to learn everything you need to know about Child Custody and Visitation on Long Island.

If your child was taken by your ex and you believe it to be a case of parental kidnapping, you do have legal options available to you. It’s critical to consult with a divorce and family law attorney attorney to learn more about your rights and what your next best move is. Once the child is back in your care, you’ll also need to take legal steps to keep it from happening again. We can help — contact our experienced Long Island divorce lawyers and family law attorneys today for a free consultation by calling 631-923-1910.

 

SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

All Fields Are Required

Recognized-Sidebar-013120-b

Divorce Lawyer Long Island New York

 

 

Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly

Reviews

  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

 

 

divorce questions answered

 

 

Long Island Divorce Guide

* indicates required




 

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

 

Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator

Pin It on Pinterest