Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?
Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for a prolonged period of time, or indefinitely, in violation of the other parent's court-ordered parenting time per a parenting plan, especially if the parent who is being deprived of the child during his parenting time is the residential parent?" Can a parent with custody/visitation rights commit abduction by "detaining the child" from the residential parent during his allocated parenting time for a prolonged period in violation of a parenting plan entered by order of the court? Or does the affirmative defense protect non-residential parents and other parents with custodial or visitation rights whether or not they are detaining the child during the other, possibly residential parent's, parenting time?
Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.
However, if you ask that question, it seems you need a criminal attorney yesterday.
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