If you want the straight legal scoop on family conflict and kidnapping statutes, you’re in the right place.

On this episode of Lawyer Talk, I tackle a question that comes up more often than you’d think: Can you kidnap your own kids?

Joining me at the table is Troy Henricksen, a law student with some excellent insights into the complexities of Ohio law. We dig into how these situations usually play out, what the law actually says about parental rights, and why having a custody order is so important—even if you think everyone’s getting along.

We also touch on a real Ohio Supreme Court case that clarifies whether parents can be criminally charged for stepping outside the boundaries of a custody agreement.

Here are 3 key takeaways from our conversation:

1. Legal Definitions Matter: In Ohio (and many other states), the law is clear—parents can be charged with kidnapping their own children if they violate custody orders. There’s no automatic exemption just because you’re the parent.
2. Custody Orders Are Critical: Without a court order outlining custody, both parents typically have equal rights. But if one parent “takes” the child outside of those court-defined boundaries, it could escalate into a criminal matter.
3. Get the Rules in Writing: Even if things are amicable, having a court order in place sets clear expectations and prevents “wishy-washy” situations that can become legally risky.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com