In custody disputes, emotions often run high, and sometimes parents make impulsive decisions that can lead to serious legal trouble. Parental kidnapping occurs when one parent unlawfully takes their child, often in violation of a custody order. This is a serious offense that can result in severe penalties, including prison time and the loss of parental rights.
What Actions Lead to Parental Kidnapping Charges?
Parental kidnapping is not always well understood by those who face these charges. It often arises when a parent takes or conceals their child without the other parent’s consent, violating custody agreements or court orders. This can include actions such as:
- Taking the child without notifying the other parent.
- Failing to return the child after an agreed-upon visitation period.
- Concealing the child to deprive the other parent of their custody rights.
- Moving the child out of the state or country without consent.
Even if you are the biological parent or legal guardian, taking your child without the other parent’s permission can lead to kidnapping charges, especially if it appears that you intended to prevent them from exercising their rights.
Different Charges for Different Circumstances
There are two primary charges related to parental kidnapping: abduction and kidnapping. While they may seem similar, the charges carry different legal definitions and penalties.
- Abduction involves taking the child, usually without force or threats, and is typically related to custody disputes.
- Kidnapping, on the other hand, often involves moving the child over a considerable distance and may involve threats, coercion, or force.
In cases of parental abduction in California, the charge can be classified as either a misdemeanor or a felony. A misdemeanor conviction can lead to up to one year in jail and fines of $1,000. A felony conviction, however, can result in up to four years in prison and fines as high as $10,000.
Kidnapping is more severe and is always classified as a felony, with potential prison time of up to eight years. Moreover, kidnapping may count as a “strike” under California's Three Strikes law, which could have long-lasting consequences if you are convicted of other serious crimes.
Legal and Parental Consequences of a Conviction
A conviction for parental kidnapping can have serious repercussions beyond jail time or fines. In many cases, the parent convicted of kidnapping faces a significant reduction in their custody or visitation rights, as courts are likely to view them as untrustworthy or a danger to the child’s welfare.
Additionally, being charged with a felony can impact other areas of your life, including your employment opportunities and ability to obtain housing. It is essential to take these charges seriously and seek experienced legal counsel to mitigate the potential impact on your life and your relationship with your child.
Seek Legal Assistance Immediately
If you have been accused of parental kidnapping, even if it was a misunderstanding or an act of desperation, you should not navigate this situation alone. The legal process can be complex, and the stakes are incredibly high. It’s crucial to have a skilled attorney from Law Office of Michael L. Fell on your side to protect your rights and provide guidance on the best course of action.
For a consultation and to discuss your legal options, contact Law Office of Michael L. Fell at (949) 585-9055 today.