Custody & Kidnapping

In general, states assume married parents to have equal rights to a child so that either parent may legally be able to have the child with him/her. Often times if someone believes that the child is not safe with the other parent, they may refuse to allow access to the child, which can cause the other parent to file for custody or visitation in court. Some judges who are ruling over a custody case may not look favorably upon one parent refusing all access to the child so it’s important to gather and save as much evidence as possible that could prove to the judge that allowing access to the child would have put the child in danger. It is also important to save any texts or emails that may show any sort of visitation or contact that is offered to the other parent in case it’s needed in court to prove that access was not completely denied – for example, offers to Facetime, offers to attend the child’s school events, offers to send the child with the other parent if accompanied by the grandparents, etc.

Also, depending on the state law, in some states it may be criminal custodial interference if one parent conceals/hides a child from another parent. I cannot speak to your situation but hopefully a lawyer can advise you about whether or not keeping your child from the other parent could put you at risk of being accused of any sort of custodial interference or not. Here is a link for lawyers [HYPERLINK], some of which are free if you qualify. And here is the language of the custodial interference law in your state so that you can discuss them with a lawyer.

Often times, when people can’t agree on visitation, one parent may file for custody or visitation in court in order to try to get a set schedule. This could be useful because just as you may decide to hold your child away from the other parent, the other parent may do the same if they gain access to the child. Here is information about custody [HYPERLINK] if you want to read it.