What is Parental Kidnapping in Oklahoma?Putnam Law Office
Not everyone realizes that a violation of child custody orders during an Oklahoma divorce can have serious legal consequences, especially if the violations involve taking the child from the other parent to another location. Some parents do not realize they can prevent their spouse from taking their child to another state by invoking an emergency order. Being aware of these different legal issues can help you avoid them and use them when you feel like your child’s safety is at risk. Feel free to talk to an Oklahoma Family Lawyer if you have any concerns about this.
What Counts as Parental Kidnapping in Oklahoma?
Oklahoma parental kidnapping goes under the name child stealing. A parent can be charged with child stealing if that parent forcibly or fraudulently removes a child from the other parent and takes the child to another state. This law only applies when the child is under the age of 16 and the other parent did not give consent for the other parent to take the child out of state. Under some circumstances, hiding the child from the other parent may also be considered child stealing.
The potential consequences of being charged with child stealing are being charged with a felony and facing jail time for up to ten years. This can be a serious charge for people with certain jobs in which a criminal record might damage. Not only that, but educational opportunities and divorce trial outcomes can also be negatively impacted by child-stealing charges.
You can also face fines and felony charges if you intentionally violate a child custody order with a child who is 18 years old or younger. However, you may not face these charges if you were only breaking Oklahoma child custody orders to protect the child from harm. Harm can be physical or emotional.
How Do I Keep My Child from Being Taken in Oklahoma?
If you are worried your spouse will try to take your child out of state jurisdiction, then you have options to prevent this from happening. You can have the family court become involved by filing for an Oklahoma emergency custody order. This is a fast temporary child custody order that will legally require your spouse to not take your child to another state without your consent.
Emergency custody orders can also detail visitation rules, restrictions on interactions between your child and spouse, and when or where your spouse can take your child. Talk to a lawyer about what situations will allow you to file for an emergency custody order and what your options are if this order is broken by your spouse.
Family Attorney in Oklahoma
You do not have to deal with child custody battles alone. Consider taking with an Oklahoma Divorce Attorney if you are dealing with issues related to child custody or parental kidnapping. Contact the Putnam Law Office today at (405)-849-9149 for a consultation. Our team of lawyers is prepared to help you protect your parental rights. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.