July 3, 2017, In Family Law
An “armed and dangerous” father has been arrested after kidnapping his 1-year-old daughter in Ranch Segura Cucamonga.
An Amber Alert was issued on April 24, 2017, after the child had been forcefully taken from her mother’s custody by her 38-year-old father. The mother said that they were having an argument and that the father had displayed a handgun in a threatening manner prior to “snatching” the girl.
Father Found with Weapon
The father’s car was found abandoned one day after the kidnapping in Pomona. Law enforcement officers eventually tracked down the father and his daughter in Montclair. He was found with a handgun in his possession.
Detectives took Daniel into custody on suspicion of child abduction.
Parental Kidnapping and Child Custody
A child may be considered to be “kidnapped” by a parent based on the following three factors:
- The legal status of the parent who “kidnapped” the child
- The intent of the “kidnapping” parent
- Whether or not there are any court orders in place regarding Los Angeles child custody
If there is not a court order in place which limits one parent’s access or rights to the child, both the mother and father have equal rights and access. For example, if one parent such a parent chooses to take their child out of school early so that they can go on a trip, they are legally allowed to do so.
In situations where there is an order in place and a parent violates that order by taking or concealing the child, however, that parent may be charged with parental kidnapping
Non-Biological Parents Do Not Have Equal Access or Rights
If someone has functioned as the parent in a child’s life (i.e. if a boyfriend has lived with the mother of the child for an extended period of time), he or she does not have the same rights as a biological parent. In order to have the same rights and access, that individual must petition a family court in order to obtain those rights.
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