A conviction for parental kidnapping can result in a prison sentence of no less than one year and no more than three years. Aggravating factors can result in an extension of the prison term to six years. Parents who are convicted of kidnapping and/or child abduction can also lose custody of that child.
What happens when a parent kidnaps a child?
If a parent is charged with parental kidnapping, it can severely damage the abducting parent’s standing with the court and lead to temporary or permanent revocation of their custody rights. Child custody is an area of the law that is extremely complex. You must find an experienced lawyer to assist with your case.
What is considered kidnapping between parents?
Parental kidnapping happens when one parent takes their child without the consent of the other parent. … One parent violates a custody agreement and takes off with the child. There is no custody agreement in place, and one parent leaves with the child without consent from the other parent.
Is parental kidnapping a federal crime?
Review of state charges
Parental kidnapping charges are an offense under California law. Because it is a state-level offense, state prosecutors will usually pursue a case before a state judge. … In California, the punishment for parental kidnapping can include jail time of up to one year, as well as a fine.
How serious is parental kidnapping?
Kidnapping in California attracts a fine of up to $10,000 and an imprisonment period of eight, five, or three years. And even if you are not convicted for criminal charges, the family court can penalize you.
Can a dad refuse to give child back?
If you are still legally married to the father, but he refuses to return your son to you, you should file an emergency motion with your local family court to determine visitation and custody. … With a court order, both you and the child’s father must comply with the judge’s decision.
How do you prove parental kidnapping?
A prosecutor must prove the following if they wish to convict a parent for parental kidnapping:
- That a parent had a malicious intent. …
- That the parent had no custody rights. …
- That the parent’s intention was to keep or conceal the child from their legal custodian.
Can a parent keep a child away from another parent?
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. … The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.
What is the difference between child stealing and kidnapping?
The biggest difference between child abduction and kidnapping is that the victim need not be a child in order to constitute kidnapping. However, the penalties are harsher if the victim is under 14 years of age.
Does the FBI get involved in parental kidnapping?
Bureau of Investigation
Pursuant to the Parental Kidnapping Pre- vention Act of 1980 (28 U.S.C. § 1738A), the FBI is authorized to investigate cases in which children have been abducted by parents or their agents across State lines or out of the country.
Is kidnapping a felony or misdemeanor?
All states categorize kidnapping as a felony offense, though states have different degrees of felonies that have different sentences associated with them. More significant penalties are typically given in cases where the victim is a child or where the victim was injured, sexually assaulted, or exposed to danger.
What are the consequences of child abduction?
Consequences of Parental Kidnapping
If you were charged with parental kidnapping and you had custody rights, then you could face: Up to one year in a county jail and/or a $1,000 fine for misdemeanor charges; or. Up to four years in a state prison and/or a $10,000 fine for felony charges.