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Why Taking Your Child Against Court Orders Is An Awful Idea

Why Taking Your Child Against Court Orders Is An Awful Idea

In the world of custody decisions, there are always grey areas. The courts do their best to make the best decisions for the child’s interests. The court’s decisions however do not always fit with a parent’s concern and interest in seeing that child. Sometimes, not everyone in the situation is happy with the outcome of the court’s decision. There are many reasons why a parent may not agree with custody arrangements, but violating court ordered custody arrangements is a serious legal offense that can have serious consequences. The following information regards possible legal action against parents who violate custody agreements and the consequences those violations may have.

Violating Court Ordered Custody Arrangements

Court ordered custody arrangements are not just created to protect the child or children in question. These arrangements are made to also give legality to the parents regarding their rights about visitation and custody. They are issued to protect all of the parties involved.

Without a court order for custody, it is very hard for either parent to enforce their own interests or argue their case regarding their children. Although some states have laws in place that state a lawful custodian cannot be denied the right of custody, it is in a child’s and parents’ best interest to have legal paperwork defining their rights.

Once the custody order is legalized, it becomes a much easier task to prove and take legal action against a parent who violates their rights. Violating a custody order can be considered “contempt of court” although there are many states that have additional laws regarding the violation of a custody order. In fact, most states view it as a crime to violate custody arrangements by refusing to give a child back after visitations or denying the other parent visitations.

Taking Your Child Against A Court Order Is Kidnapping

If you violate your custody order, current laws in place can see that you are arrested and put in jail. After you’ve violated the order, the other parent in question could ask the court to revise the current order, asking for a restriction of your custody and your parental rights. Your rights as a parent can even be removed all together.

Taking a child in violation of a court order is technically kidnapping. Every year, over 200,000 children are taken, or kidnapped, by family members. Typically, the kidnappers are parents. Parental abduction cases are taken very seriously by state and federal law enforcement agencies.

If you do not agree with the custody order arranged by the courts, do not take matters into your own hands. You are likely to make matters worse instead of better. The best option is to petition the courts to modify, or change your order. Make sure you provide the court with compelling evidence that supports your reasons why you would like it changed. This modification must be in the child’s best interest and you must be able to tell them why. Taking things into your own hands, instead of going through the courts, could end with you losing the custody and parental rights you currently have.

This article is by Mark Shayani, a leading Los Angeles Personal Injury Attorney

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About the Author

Will Waggoner is a no-nonsense, aggressive personal injury lawyer who has recovered millions of dollars for his clients over the past twenty years. His thorough and complete understanding of personal injury law and how to get the maximum recovery for his clients is arguably the best in New Mexico.
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