If you are going through a legal separation or a divorce, you may have questions regarding the consequences of keeping your child from their other parent. When it comes to navigating a separation that involves children, the process can often be complicated and emotionally challenging.
However, if the two parents are able to agree as to a custody arrangement, then the process will go a lot smoother. If the parents are unable to agree, or one parent refuses to follow a previously agreed arrangement, then the court will need to step in to make a decision regarding child custody.
After there has been a court ordered child custody arrangement, both parties are legally obligated to follow that court order. As such, if a parent keeps their child from their other parent, that parent will face various legal consequences. This article explores child custody, as well as the potential consequences of withholding a child from their other parent.
What Are Child Custody Agreements?
In general, child custody refers to a set of legal rights granted to a child’s parent. A parent with legal custody over their child will have certain rights to make important legal decisions on behalf of their child.
In general, a child custody agreement refers to the legal right of a parent with physical custody to possess and live with their child. Under a child custody agreement, each parent will have a court-ordered or approved schedule by which they are entitled to possess their child.
Importantly, one parent will typically be granted primary custody of the child. Primary custody is important for insurance, tax, and educational purposes. Generally, the parent’s residence that has primary physical custody of the child will be considered to be the child’s primary residence.
It is important to note that a child’s biological parents are automatically granted certain legal rights over their child or children at the time of their birth. Specifically, mothers are granted custody rights from the moment that they give birth in almost every case. Further, married fathers are also granted automatic rights in most states.
In some states, unmarried fathers may have to seek custody rights after the birth of their child. This is because in some states paternity is not always assumed. As such, if two parties that have had a child separate from one another, a custody agreement concerning that child will have to be reached.
Under a court ordered custody agreement, various legal rights will be discussed, such as each parent’s right to possess their child, and other rights, such as the right of each parent to:
- Make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational decisions
- Make religious decisions regarding what religion to raise the child in, if any
- Make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of their child or represent their child in a lawsuit
- Make medical decisions for their child, covering both invasive and noninvasive procedures
- Make decisions regarding their child’s psychological care
What Are the Legal Consequences of Withholding a Child From Their Other Parent?
As mentioned above, withholding a child from their other parent carries significant legal implications and can deeply impact family dynamics. First, in many states, interfering with another party’s child custody is a criminal act.
For instance, in Texas, interference with child custody is a criminal act. The crime is defined as taking or restraining a minor who is younger than 18 years of age in violation of a custody order. Typically a state will have some sort of crime regarding parental kidnapping.
Parental kidnapping, or parent-child abduction, is typically defined as the unlawful taking of a minor or a dependent adult without having consent from their parent or legal guardian.
Parental kidnapping commonly falls under the category of kidnapping, which requires many of the same elements as kidnapping in order to convict a defendant. The main difference between kidnapping and parental kidnapping is that parental kidnapping happens when a parent abducts their own child without the consent of the child’s other parent in violation of a child custody order.
It is important to note that if the parent abducts or withholds their child, but they have custodial rights over that child, or if there is no child custody order in place, then they will not likely be charged with parental kidnapping.
In addition to being criminally charged, there are also other consequences of violating a child custody order, including:
- Being Held in Contempt of Court: First, if you fail to comply with the court ordered child custody arrangement, that may result in you being held in contempt of court
- If you are held in contempt of court, then you may face fines, sanctions, or even imprisonment
- Modification of Child Custody: If one parent consistently withholds their child from the other parent with regard to their court order, then the aggrieved parent may petition the court for a modification of the current custody order
- When considering whether or not to grant the modification of the prior custody order, courts prioritize the best interests of the child
- Evidence of consistent violations of a the prior court order may lead to a change in custody arrangements in favor of the parent who is consistently compliant with the order
- Parental Alienation: In situations where one parent is purposefully manipulating a child to reject the other parent without legitimate justification that can be considered parental alienation
- Courts often take allegations of parental alienation seriously, as parental alienation can often harm a child long term. As such, the court may intervene to address issues of parental alienation
How Do I Navigate Child Custody Issues?
Once again, all decisions regarding a child, including issues concerning child custody, will always be made according to the child’s best interest standard. This means that what is considered to be best for the child will always be placed over the wants and needs of the parents involved in the custody case.
As such, when a court is determining whether or not to take action with regard to one parent keeping a child from the other parent, the court will always take into consideration the effect of those actions on the child.
The best way to navigate child custody issues with another parent is to first try and informally work the issue out with the other parent. Cooperation between the two parents will always be the best method for resolving issues, as it is free and promotes a good co-parenting relationship.
In situations where the parents are having issues they are unable to resolve, then alternative dispute resolutions outside of court are also available. For instance, one way in which couples can avoid going to court is attending mediation.
Mediation is the process by which a neutral third party intervenes between two conflicting parties. Mediation is often much quicker and more cost-effective than a full litigious custody modification hearing.
Mediation also leaves the outcome of the child custody in the hands of the disputing parties, as opposed to waiting on a decision made by a judge or jury. Because of this, the parties are often able to create a more workable solution that a court might not be able to make.
Finally, should the parents be unable to cooperate enough to attend mediation, then the parent that is not withholding the child may utilize their child custody order and enforce their rights. Typically, a parent will be able to contact and work with local law enforcement to assert their custodial rights.
In the cases in which the police are unable to assist, then the parent can also get a court order regarding the enforcement of their custody rights. Law enforcement would then likely work with the court in criminally charging the other parent and getting the child back to the other parent in accordance with the custody order.
Do I Need a Lawyer for Help With A Child Being Withheld?
As can be seen, there are numerous factors involved with regard to obtaining a child custody agreement. As such, if you are going through a divorce with children or if you are going through a legal separation with children, it is recommended to consult with an experienced child custody lawyer.
LegalMatch can assist you with locating and setting up a consultation with an experienced child custody attorney in your area. An attorney can help you understand your state’s specific laws on child custody and what your legal rights and options are under those laws.
Additionally, an experienced attorney will also be able to review any agreement you and your ex reached outside of court. An attorney can also represent you in court, as needed, such as presenting your case and agreement for approval.
