Parental kidnapping is one of the charges that often happened during the pandemic. With one parent having some parenting time and things going wrong, it may have happened to you or someone you know.
With that, with the high number of consultations that we received relating to parental kidnapping. Let us continue our discussion about parental kidnapping in Michigan.
Again, parental kidnapping in Michigan happens when the prosecutor proves beyond reasonable doubt that the individual took or kept a child for more than 24 hours and intended to do so to keep or conceal the child from the parent of the guardian who also has legal custody of the child.
Should there be a custody or parenting time order before one parent can be charged with parental kidnapping?
No, it is not a requirement. In the case of People v McBride, 204 Mich App 678, 682; 516 NW2d 148 (1994), the court ruled that a parent need not be formally served with custody or parenting time order before he or she can be charged with parental kidnapping.
As long as the elements of parental kidnapping are present, the prosecution only needs to prove those elements.
What are the effects of a guilty plea for parental kidnapping?
If the best defense that we found for you is to plead guilty because you do not have a prior conviction for kidnapping in the United States, we can be granted a diversionary sentence that would help us avoid a conviction.
Here, you can enter a plea of guilty but the trial judge will not enter a judgment of guilt. The proceedings will be deferred and you will be placed on probation with lawful terms and conditions that we will negotiate, either in open court or in a meeting with the judge.
Once you have fulfilled the terms and conditions of the probation, you will be discharged from it and the proceedings will be dismissed against you.
If you, however, violate a term or any of the conditions of your probation, the court may enter an adjudication of guilt. You may be imprisoned or the judge may impose any punishment under the statute.
Defenses for Parental Kidnapping
If you have been charged with parental kidnapping, you need to have the best defense. If the other party has a plethora of cases or documents proving that you failed to respect the given parenting time, you need to at least provide a defense that can get the court to see that the decision to keep the child was not so that you can keep him from the other party but it is so that you can protect the child from an immediate or actual threat.
Exposure to the coronavirus can be considered as an actual threat to the physical well-being of the child. You need to prove that the other party has been exposed to the virus or that he or she was positive for the virus and that you need to ensure that the child is safe from exposure.
In this scenario, we have the burden of proof of showing that the actions you have done were done to protect your child from harm.
Haque Legal is Here To Help
We have been around. We have handled hundreds of cases on family law, custody battles, and parenting. We can help you fight for your rights and work your way around getting that parenting time that you deserve. Haque Legal is here. You can find that the best kind of experience for you is to hire our law firm.
Here at Haque Legal, we always have your back. Make sure that on your first free consultation we tell you everything that you need to know about your divorce or custody case as well as the cost and the expenses that would be associated with it.
The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have concerns about your divorce or custody case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.
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If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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