Oklahoma law recognizes parental kidnapping as a criminal offense. Parental kidnapping, also known as custodial interference, occurs when one parent unlawfully takes, keeps, or conceals a child from the other parent in violation of custody or visitation rights. This can happen during a custody dispute, divorce, or separation when one parent acts against the court’s arrangements.
Legal Framework for Parental Kidnapping in Oklahoma
Oklahoma law specifically addresses parental kidnapping under Title 21 of the Oklahoma Statutes, including:
Custodial Interference:
- 21 O.S. § 891: This statute makes it illegal for any parent or legal guardian to conceal or detain their child with the intent to deprive the other parent of lawful custody or visitation rights.
- Penalties: Custodial interference is generally classified as a felony. Conviction can result in severe penalties, including imprisonment, fines, and other legal consequences.
Child Stealing:
- 21 O.S. § 891.1: This statute makes it a felony for any person to maliciously, forcibly, or fraudulently take or entice away any child under the age of 18 with the intent to detain or conceal the child from their parent or legal guardian.
- Penalties: Conviction can lead to significant fines, imprisonment, and the requirement to return the child to the lawful custodian.
Elements of Parental Kidnapping
For a charge of parental kidnapping or custodial interference to be valid, certain elements must be present:
- Violation of Court Orders: The act must violate existing custody or visitation orders established by the court, including taking the child without permission, refusing to return the child after a visit, or concealing the child’s whereabouts.
- Intent: The parent must have the intent to deprive the other parent of their lawful custody or visitation rights. Intent can be demonstrated through actions such as refusing to comply with custody orders or relocating without notifying the other parent.
- Lack of Legal Justification: The parent’s actions must lack legal justification. For instance, a parent who takes the child to protect them from immediate harm may have a valid defense.
If these criteria aren’t met, then the charge will not be valid.
Steps to Take if Accused or Affected by Parental Kidnapping
If you are in a parental kidnapping situation, as the accused or the effected, there are steps you must take.
- Contact Law Enforcement: If you believe your child has been kidnapped by the other parent, contact local law enforcement immediately to report the incident and seek assistance in locating your child.
- Seek Legal Counsel: Whether you are the accused or are the affected parent, it is crucial to seek legal advice. An experienced family law attorney can help you navigate the legal complexities and protect your rights.
- File a Petition: You may need to file a petition with the court to enforce or modify custody orders or request emergency custody.
Check Out Our Wagoner County Family Law Blog For Information
Wagoner County Custody Attorneys
In conclusion, parental kidnapping is a recognized and serious crime in Oklahoma. It involves unlawfully taking or concealing a child with the intent to deprive the other parent of their lawful custody or visitation rights. The consequences of a conviction are severe, including imprisonment, fines, and potential loss of custody rights.
Our team of child custody attorneys here at Wagoner County Attorneys can help you through this situation. If you’re dealing with custody questions or disputes, reach out to us at 918-283-7394 or ask a question online.
