When a parent in Denver is found to be unable to properly take care of a child, the court may decide to deny that parent custody. The ruling can be based on the evidence of physical abuse of the child, an addiction to alcohol or drugs, lack of a permanent residence, or even mental health problems. If noncustodial parents violate that ruling, they could find themselves facing a criminal charge.
A mother in Westminster, with a protection order filed against her, has been charged with violation of custody and second-degree kidnapping. The mother apparently took the child by force from the car he was riding in after it was stopped by an older man who was following it in another car. The details from law enforcement were sketchy and it is uncertain whether the mother was in the car with the older man or whether there was a third car involved.
The relative with the boy, who remained unidentified, was threatened with arrest after being shown some type of ID or badge by the older man. It is unknown who the older man was. The boy was found safe later the same day and the Amber Alert issued was canceled. It is unknown whether the man who assisted the mother was also charged as they were placed in custody together.
If parents are unable to peaceably come to an agreement over the custody of their child, the court may have to make the ultimate decision. The court is required to consider the needs of the child over the parents’ wishes. Those who have questions over how child custody is determined may find it helpful to speak with an attorney.
Source: Fox 31 Denver, “Mother who kidnapped son to face charges DA says,” David Mitchell, Oct. 26, 2015
Tags: Child Custody
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