Can My Ex Accuse Me of Kidnapping My Own Child?

 Posted on October 29,2024 in Child Custody / Parental Responsibilities

One of the most common things typical parents do is worry about their children's well-being. A parent's main job is to take care of their child and make sure they are healthy and safe. It can be extremely painful for the child when there is a toxic family dynamic and the child’s best interest is no longer a parent’s top priority.

In some extreme cases with especially harsh custody battles, one parent might take a child away from the other in violation of a legally authorized parenting plan. In other cases, a parent can falsely accuse the other of doing that as well. Accusations of parental kidnapping are taken very seriously in Illinois. If you are accused, you need to act quickly to ensure that you do not suffer the consequences of your ex’s irresponsible actions. Speak with an experienced Cook County, IL family law attorney to learn more.

How Are Parental Abduction Accusations Handled in Illinois?

Courts in Illinois try to ensure that both parents can stay involved in their child’s life even when there is a bitter custody battle. Sometimes parents divide parental rights and responsibilities equally, and in other families, one parent has primary custody. Regardless, both parents are generally granted at least some amount of visitation. If one parent takes the child against the guidelines laid out in the parenting plan, especially when the child is taken out of state for prolonged periods of time, this is a serious breach of the parenting plan and of Illinois law.

Parental kidnapping can be a very traumatizing experience for a child and the parent accused can face significant legal consequences. According to Illinois law, intentionally violating a parenting plan or intentionally hiding a child from the other parent could make you liable for various charges, including:

• Misdemeanors: If you are accused of allowing your child to skip parenting time with the other parent, you could be charged with a misdemeanor. The third time it happens, you could be charged with a Class A misdemeanor, which would mean up to 236 days in jail and a fine of up to $2,500. You might also have up to two years of court supervision.

• Felonies: Depending on the severity of the accusations, you could be charged with a Class 4 felony for child abduction, which can carry a sentence of 1-3 years in prison and up to $25,000 in fines.

What Should I Do if I Am Falsely Accused of Parental Kidnapping?

If your ex falsely accuses you of parental kidnapping, the consequences can be serious. You could be arrested and face criminal charges that might result in you losing custody rights and can severely damage your reputation, which can affect your employment and housing opportunities in the future. With the stakes so high, it is very important to seek reliable legal representation to help you navigate this situation.

Schedule a Free Consultation with a Cook County, IL Family Law Attorney

If you are falsely accused of parental abduction, you need to contact a skilled Chicago, IL child custody lawyer as soon as possible. Your ex might be lashing out against you, but if you do not take the accusations seriously you can end up in jail. At The Law Office of George J. Skuros, we are dedicated to helping children and families resolve painful issues and move forward toward a fresh start. Call us at 312-884-1222 to schedule a free consultation so we can review your case and build a plan to protect your rights.