Child custody decision leads to kidnapping arrests

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Monday, April 15, 2013.

When parents in Texas or elsewhere are faced with losing custody of their children, stress is at an all-time high and emotions can overcome reason. In such scenarios, individuals involved in child custody disputes often do or say things that are not in their best interests. The results can be devastating, and can result in parents being permanently separated from their children.

Such may be the case in a recent parental kidnapping case making headlines across the nation. The parents of 2 and 4-year-old boys recently lost custody of their children, who were given to their maternal grandparents to raise. Shortly afterward, the father allegedly went to the home of the grandparents and tied up his mother-in-law, then fled with the children.

Police assert that the family fled to Cuba by sailboat. Cuban authorities alerted United States officials that the family was believed to be on Cuban soil, and facilitated their capture and return. The family was flown back to the United States, and the parents are now in jail on charges of kidnapping, child neglect and interference with custody. The father of the two young boys also faces charges of grand theft auto, battery, burglary and false imprisonment.

As this case demonstrates, taking matters into one’s own hands is never the best solution, in Texas or elsewhere. By stepping outside of the law to reunite with their children, this couple has likely ended any chance of being legally able to care for their sons. Child custody cases must be handled carefully, and within the letter of the law. Parents who are faced with losing their children should make every effort to protect their constitutional right to parent, in the manner outlined by statute.

Source: ABC News, “Parents in Cuba Kidnap Case Isolated From Jail Population,” Alyssa Newcomb, April 10, 2013

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