It might seem impossible to be arrested and charged for kidnapping your own child but it happens every day. If you have found yourself mixed up in this complex situation, we invite you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. You can also keep reading to learn just how a criminal defense attorney can help with this issue.
Understanding Parental Kidnapping
When parents divorce or separate in California, the courts generally favor agreements in which both parents are involved in the child’s life. However, if the court believes there is abuse or danger to a parent or child, they might not allow custody or even visitation for one parent. While this can be heartbreaking for parents, it is important that they take steps through the courts to remedy any unfair decisions by the court.
If a parent decides to take matters into their own hands and violate the vitiation or custody decisions of the court, then the other parent has the right to pursue a charge of parental kidnapping. Examples include refusing to bring a child back when their visitation time is over, suddenly going on an unapproved vacation with the child, taking the child out of school when the other parent has custody, or moving out of state without approval of the court.
There Can Be Serious Consequences for a Parental Kidnapping Conviction
Not only can parental kidnapping lead to criminal charges, you could also face the loss of custody. The crime itself is a wobbler, which means that the prosecutor can file either a misdemeanor or felony, depending on the situation. If you are charged with parental kidnapping while you had custody rights, you could face up to a year in jail and up to $1,000 in fines for a misdemeanor, and up to four years in prison and fines of as much as $10,000 for felony charges.
On the other hand, if you are charged with parental kidnapping when you did not have custody rights, a misdemeanor charge will get you the same maximum of one year in county jail and fines of as much as $1,000, while a felony could come with 16 months, two years, or three years in prison and $10,000 in fines. In most cases, the court will also take away custody rights and award the other parent a restraining order.
There Are Defense Options
If you are accused of this crime, the first step is to talk to a criminal defense attorney. Your defense options might include showing that you were delayed in getting your child where they were supposed to be, an emergency occurred, you were trying to protect your child from imminent danger, you were fleeing abuse, or that there was no custody order in place. Every case is different but you can count on Law Office of Michael L. Fell to take every aspect of your case seriously. Call us at (949) 585-9055 for a free legal consultation.