One of the main reasons that child custody law exists is to prevent confusion about who can deal with a child under specific circumstances. When this sort of problem gets out of hand, there is even the risk that a parent can be charged with kidnapping. If you're not sure about whether you're in such a mess, it's a good idea to think about the situation the way a child custody attorney would. Let's take a look at some of the questions that come up regarding child custody and potential parental kidnapping.

Biological Parenthood or Guardianship

The defining feature of the right to custody of a child is parental privilege. In order to invoke this privilege, you must either be the child's biological parent or you must have legal guardianship. Someone who has served in a parental role without being a biological parent does not gain this right without legal documentation, meaning only adoption or guardianship will do.

Both biological parents have custody rights they can exercise in the absence of a court order. If you're worried about limiting access to a child, that's an issue you have to take up with the court, otherwise, there isn't much the police can do.

If you do not meet the definitions set out here, you should not attempt to take a child into your custody even for a short time. Grandparents, siblings, uncles, aunts, and other relatives should all seek permission from a biological parent. Otherwise, they do run the risk of being charged with kidnapping.

Restricted Access to the Child

A key element of parental kidnapping is making it difficult or impossible to find the child. If one biological parent picked the child up from school early and informed the other parent where the kid was, that isn't kidnapping. The exception would be if they actively denied the other parent the right to have access to the child.

Parental kidnapping does not have to be forceful. Inducing the child to leave with you is enough to be kidnapping. This could be as simple as offering them something or lying to them about why they need to come along.

A Court Order

No matter how amicable your relationship with your ex is, get a court order outlining what the child custody situation is. This clears up confusion and gives everyone rules they can operate with. It also allows the law to act if something happens.