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?
A:
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
