Texas Parents Arrested After Kidnapping Their Six Children

 Posted on December 20, 2022 in Criminal Defense

Earlier this month in San Antonio, Texas, an Amber alert was issued warning locals to be on the lookout for a couple who took their six children from Child Protective Services. While the children were recovered safely, both parents were arrested and accused of evading CPS, which had been granted temporary custody of the six children. 

Parental kidnapping or abduction is the most common type of kidnapping in the U.S., with much higher rates than stranger kidnapping. Perhaps this is only natural - after all, parents understandably feel entitled to make decisions for their children, and it is hard to imagine anything worse than having your children involuntarily taken from you. Unfortunately, the law does not always see it this way, and parents who are charged with parental kidnapping can face serious consequences, including further removal from their children. If you have been charged with kidnapping of any kind, contact a Texas criminal defense attorney right away. 

Child Abduction in Texas Law

Anyone who intentionally takes and holds anyone else against their will or against the law can be charged with abduction or kidnapping, and parents can certainly be charged with abducting their own child. The most common instances of parental child abduction occur when parents are battling out their differences in a heated custody fight. Parents who violate custody orders can be charged with kidnapping, as well as contempt of court and interference with child custody. Taking a child outside of court-ordered custodial times, removing a child from court-ordered geographical boundaries, or escaping from supervised visitation may all be considered parental abduction. 

Parental abduction can be a third-degree felony in Texas, although certain circumstances, such as conducting the abduction with a weapon, could aggravate the charges. Convictions for third-degree kidnapping allow between two and ten years in prison and fines up to $10,000. However, doing any of the following can increase charges to a first-degree felony, punishable with five years to life in prison and up to $10,000 in fines: 

• Holding a child for ransom or as a hostage 
• Hurting or sexually abusing a child 
• Interfering with a government agency’s function 
• Using the child to commit a felony or escape a felony crime scene
• Intimidating the child or another person, such as the child’s other parent 

Voluntarily releasing the child in a safe place may allow the aggravated kidnapping charge to be reduced to a second-degree felony. Taking a child across state lines will make the case a federal crime with much more serious consequences. 

Call a Plano, TX Parental Kidnapping Defense Lawyer

At The Crowder Law Firm, P.C., our Collin County parental kidnapping defense attorneys know how much parents love their children and how devastating it can be to lose access to them. We provide judgment-free legal advocacy to parents accused of kidnapping their own children and fight to provide the parents with the best possible outcome in their case. Call our offices today at 214-544-0061 to schedule a free consultation and learn more about your legal options.  

Source: 

https://www.fox7austin.com/news/davidson-amber-alert-abduction-san-antonio-texas