Discussions about kidnapping often focus specifically on stranger danger. Adults warn their children about the risks of wandering off in busy public areas or about tricky adults who might convince them to lie to their parents.
However, a large percentage of reported kidnappings every year involve a parent with shared custody rather than a stranger. Extended visits or travel out of state can potentially lead to allegations of parental kidnapping.
What constitutes parental kidnapping in Tennessee?
Parental kidnapping can involve several kinds of conduct
There are multiple ways for one parent to prevent the other from having time with their shared children. In some cases, parental kidnapping does not involve any kind of travel. Instead, it means that one parent has refused to return their child to the other in accordance with a custody arrangement. They may keep the child at their home or another location to prevent the other parent from gaining access to the child. Such circumstances might constitute false imprisonment if the child can’t leave.
Other times, parental kidnapping could involve intentionally leaving Tennessee with a child without the permission of the courts or the other parent. If state authorities respond to allegations of parental kidnapping, they may prosecute the case as a criminal incident of custodial interference.
Custodial interference is theoretically a crime that can result in court-imposed penalties and a criminal record. Claims of kidnapping could lead to Class C felony charges, while false imprisonment by preventing a child from leaving a home is a Class A misdemeanor.
A judge hearing a case of parental kidnapping might make major modifications to an existing custody arrangement. They might significantly reduce or even eliminate the access of the parent who interferes with the custodial rights of the other.
In scenarios where a parent worries about the safety of their children, they typically need to follow the right procedure to pursue a custody modification rather than ignoring the current custody arrangements for the family.
Those dealing with a parental kidnapping scenario may need the assistance of law enforcement and the family courts to resolve the matter. Recognizing parental kidnapping can help parents who share custody preserve their relationship with their children. Those who enforce or update their custody orders can work to prevent parental kidnapping from permanently damaging their relationship with their children.
