April 6, 2023
Parental child abduction is a serious crime when one parent takes their child without the consent of the other parent or legal guardian. In Florida, parental child abduction is a criminal offense, and individuals who engage in this activity can be charged with a felony.
If you are dealing with parental child abduction, it is essential to know when the right time is to file a lawsuit.
What Is a Parental Child Abduction Lawsuit in Florida
Parental child abduction can happen when one parent takes their child without the consent of the other parent or legal guardian. This act is illegal and can have severe consequences for the parent who engages in it. In Florida, parental child abduction is a criminal offense, and individuals who engage in this activity can be charged with a felony.
A parental child abduction lawsuit in Florida is a legal action that parents can take to recover their child. The lawsuit seeks to have the court order the child’s return to the parent who did not take them. The court can also issue an order that restricts the parent who took the child from having contact with the child or the parent who did not take them.
Types of Abduction Parental Child Abduction Lawsuit in Florida
We will discuss the types of abduction in Florida and the laws that govern them.
1. Transporting the Child to Another State
Under Florida law, a parent who takes a child to a different state without the other parent’s consent can be charged with interference with custody. This is a third-degree felony that can lead to up to five years of imprisonment and a fine of up to $5,000. In addition, the parent may be required to return the child to the state and pay for any expenses incurred during the child’s return.
2. Moving the Child from Their Habitually Residential Country
Under the Hague Convention, ratified by the United States and most other countries, a parent who gets a child to another country without the other parent’s consent can be charged with international parental child abduction. This can result in criminal charges, fines, and the requirement to return the child to their habitual residential country.
When to File Parental Child Abduction Lawsuit in Florida
If you suspect your child has been kidnapped, report it immediately to the authorities. Delaying the notification will make it more challenging to locate your child and decrease the chances of you getting them back.
Florida law defines parental child abduction as the removal, concealment, or retention of a child by a parent, stepparent, grandparent, or other family members without the legal guardian’s consent. If you are the victim of parental child abduction, you can file a lawsuit to seek custody of your child and hold the abductor accountable.
To file a parental child abduction lawsuit in Florida, you must have legal custody of the child or have the right to seek custody. You must also provide evidence that the other parent has taken the child without your consent or has violated a court order regarding custody, visitation, or relocation.
Once you file a lawsuit, the court will schedule a hearing to determine custody of the child. The court may also issue a temporary restraining order to prevent the abductor from taking the child out of Florida or removing the child from your custody.
Suppose the court finds that the parent has committed parental child abduction. In that case, they may order the abductor to return the child to you, award you sole custody, or impose criminal penalties.
Conclusion
Parental child abduction is a severe offense that can have lasting consequences for both the parent and the child. If you suspect the other parent has abducted your child, it is vital to take immediate action. Contact law enforcement and an attorney, and gather evidence to help you locate your child and bring them back home safely.
Dorsey Law JAX is a top-notch legal firm specializing in family law. Our team of skilled attorneys has the knowledge and expertise to handle various family law matters, including divorce, child custody, and adoption. If you are running a family law issue in Jacksonville, do not hesitate to contact Dorsey Law JAX and schedule a consultation with their experienced attorneys.
