New York Info
New York Divorce Start Your Divorce Find Professionals New York Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New York Products Divorce by County
New York Articles
Can Parents Kidnap Their Own Children?
Under New York State law, a person can be charged with kidnapping, a class B felony which carries a maximum sentence of 25 years, when he or she abducts another person. The New York State Court of Appeals has determined that parents can be charged with kidnapping their own children even when they have custody of them.
I want to share a case that was held before the Court. The father held a large knife to his daughter's throat and was convicted of kidnapping her. In its decision, New York State's highest court ruled that parents who engage in conduct that is so dangerous or harmful to children as to be inconsistent with the idea of lawful custody may be charged with kidnapping under New York State Penal Law.
Can the language in the Court's ruling now open the door to criminal prosecutions for kidnapping in New York State criminal courts, when parents abduct their children to a foreign country, on the basis that the conduct is dangerous or harmful to their children and inconsistent with the idea of lawful custody?
There are countless children who have been abducted to foreign countries without the other parent's consent. Under the International Parental Kidnapping Crime Act of 1993, it is a federal crime to remove children out of the country with the intent to obstruct another parent's custodial rights. However, the maximum penalty for doing so is only 3 years.
Perhaps the Court's recent decision will open the door for allowing criminal prosecutions in New York State criminal court, where penalties for kidnapping children are far more severe, and finally empower parents who have lost their children to abductions.
As of October 2010, New York became the final state to enact no-fault divorce. Prior to October 2010, one (1) spouse would have to invoke grounds against the other, such as accusing the other of abandonment or cruel and inhuman treatment; or they could live separate and apart for one (1) year or more based on a written separation agreement filed with the court. There are several different New York Grounds for Divorce.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|