Child Abduction by a Non-Custodial Parent in Chicago? What Does That Mean? Learn All About Parental Child Abductions Under Illinois Laws

One of the things that some Chicago parents may wonder is whether the biological parent of a child can be deemed under the law to have effectively kidnapped their child, if they have an order from a court that addresses the issue of custody, and one parent decides to overstep it. Indeed, things can get heated between two parents who are in the midst of a child custody battle, and one parent may be tempted to unilaterally make decisions about the child and who they will live with, in order to take control of the situation. However, the truth of the matter is that a biological parent can commit the offense of child abduction, if the parent skirts a child custody order. Here we explain what a parental child abduction is in the context of one parent deciding to violate a child custody order from the court in a Chicago divorce case.

The Offense of Child Abduction in Chicago Under Illinois Criminal Laws

Under the Illinois Statutes, “A person commits the offense of child abduction when he or she does any one of the following…Intentionally violates any terms of a valid court order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.” Here the Illinois Statutes make it clear that in Chicago, regardless of whether a parent is the biological parent of a child or not, if a parent violates a child custody order issued by a Chicago court, and they do so intentionally, they may be deemed to have committed the crime of child abduction. If a Chicago parent is found guilty of committing the crime of child abduction of their own child by a Chicago criminal court, they may face a Class 4 felony conviction. A Class 4 felony conviction under Illinois criminal laws may bring with it a prison sentence between 1-3 years.

What Can Chicago Parents Do if They Suspect that They are Facing a Parental Child Abduction?

Chicago parents may wonder what they can do if their child is abducted by their non-custodial biological parent. Of course, if a parent believes that their child is in imminent danger, they should get the police involved right away. In addition, it is important for Chicago parents dealing with potential child abduction issues or child custody issues to consult with an experienced Chicago child custody lawyer about their case.

If you are in the Chicago area and you need legal help with your Chicago child custody issues, contact the experienced Chicago child custody lawyers at the law firm of Arnoux Sharma Standeford, LLC. The experienced Chicago child custody lawyers at Arnoux Sharma Standeford, LLC are here to help Chicago parents with their complex child custody matters. Contact Arnoux Sharma Standeford, LLC today and speak with an experienced Chicago lawyer about your rights and options now.

Source:

ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-45#:~:text=Sec.,5%2D7%2D1).