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Is Parental Abduction is a Form of Child Abuse in Mississippi?

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When a Mississippi court issues a child custody order in your parentage or divorce case, you may feel a sense of relief. While many parents recognize the significance of a court-issued custody order and give it the respect that it deserves, there are parents out there who do not hesitate to blatantly disregard custody orders. These parents may fail to return the children to their other parent at the appointed time, choosing instead to abscond with the children and evade the other parent’s attempts to communicate with them. This is parental abduction, or parental kidnapping, as it is often called, and it is not only illegal, it is a form of child abuse.

Parental kidnapping happens more often than you might guess. In the United States, approximately two hundred and fifty thousand children are abducted by family members each year. Kidnapping by family members is more common than kidnapping by strangers. In Mississippi, kidnapping is defined in Section 97-3-53 of the Mississippi Statutes Annotated. Under the statute, a person commits the crime of kidnapping if they unlawfully use force to take, confine or kidnap any other person with the intent to cause them to be confined or imprisoned against their will. Therefore, under Mississippi law, it is possible for a parent to kidnap their own child because when there is a custody order in place, it is unlawful to fail to abide by it. Unfortunately, there is still a widely held belief that a child has not been abducted or kidnapped if they are in the care of a parent. This mistaken belief enables parents who abduct their children to enlist the aid of friends and family members in keeping their whereabouts a secret.

Parental abduction can be very harmful to the children who are abducted. Even a short-term abduction can be confusing for a child, because children thrive when they have consistent schedules and routines. Children who are involved in abductions may feel as though they have to choose between their parents, or that the difficulties that the parents have with each other are their fault. Often, the parent who absconds with the children will tell them lies about the other parent, such as telling them that they do not want them, or that some harm has befallen them. Some abductors change locations frequently, which can drastically impact a child’s sense of stability and can cause children to feel isolated. Also, families who are on the run often keep abducted children out of school, so that they are harder to find.

The emotional impact of parental abduction on a child or children who have been abducted can be devastating. The effects on the parent who is searching for them, as well as other family members and friends are also very severe. Even after abducted children are located and reunified with their families, the emotional wounds of everyone involved can be slow to heal. Most children look to their parents as the adults that they can trust more than any others to keep them safe from harm. When an adult who plays such a vital role in a child’s life breaks the trust that their child has in them, the child’s ability to trust others can be deeply damaged. Children who have been abducted often report feeling fearful that they will be abducted again. Since parents who abduct their children are often prohibited from having contact with them after they have been reunited with their other parent, the child who has been abducted may grieve the loss of their relationship with the abducting parent, even if the relationship was not a safe or healthy one, because children usually wish to have a relationship with both of their parents.

Have a Mississippi Child Custody Question? To learn more, contact an experienced Mississippi child custody attorney today at (601) 941-8700 and schedule your free and completely confidential initial consultation.


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