Legal Penalties for Parental Kidnapping: Steps to Take When a Parent Abducts a Child

Although many believe that strangers mostly perpetrate cases of missing children, a large portion of child abductions are actually carried out by one of the parents of the minor. Parental child abduction poses a significant risk to a child's well-being and safety as well as the left-behind parent’s mental and physical health. In this article, you will find out what parental kidnapping is and will be able to answer the question - "if I leave my husband and take my child, is it kidnapping?" This article also highlights federal and state penalties for parental kidnapping and the practical steps left-behind parents may take to remedy child abductions and prevent their occurrence.

What is Parental Kidnapping?

Parental kidnapping refers to the concealment, retention, or abduction by a parent or their agent of a child or children, without the approval of the parent in violation of a child custody order. In some states in the United States, parental kidnapping may be referred to as custodial interference within the state's criminal statutes. Note that if the parent abducting the child still has custodial rights over the child in question, or if no child custody order exists, the action does not constitute a parental kidnapping crime.

For instance, a court-ordered custody agreement specifies that a child lives with the mother during the week and the dad at weekends. If the dad picks up the child one weekend but fails to return the kid on Sunday evening and instead takes the child to a different city without the mother's consent, this may constitute parental kidnapping. Suppose the father and mother of a child share joint custody of a child, with neither of the parents having primary custody. In that case, either the parent moving the child to another state without the consent of the other parent, or a court approval may also be considered a parental kidnapping crime. 

However, suppose parents share joint custody of their child, and a parent is supposed to drop off the child at the other parent's house by 6 pm on Sunday. If the parent's car broke down on the way or unforeseen circumstances do not allow the parent to reach the other parent's home on time, this is unlikely to be classified as parental kidnapping if the matter is brought before a court.

Difference Between Parental Kidnapping and Custody Disputes

Parental kidnapping is not the same as a custody dispute. In parental abduction, the abducting parent aims to deprive the other parent of their rights in violation of an existing custody order.  The intent of the abducting parent is often to gain control, cause distress to the other parent, or relocate permanently.

In contrast, custody disputes happen when parents of a child disagree on child custody terms and visitation agreements. In this case, the intent is not to deprive the other parent of custody rights but to arrive at an agreement per the child's living arrangements, time spent with each parent, and decision-making. For instance, parents disagreeing on how much time a child should spend with each parent during a school break and seeking a court-ordered resolution may be considered a child custody dispute.

Under the law, parental kidnapping is deemed a criminal felony while child custody matters are considered civil matters. Parental kidnapping matters can be punished by arrests and loss of custody rights. If the child is moved across state lines, federal charges may apply. Child custody disputes are resolved with a court order specifying visitation rights and custody rights, or modifications to existing arrangements. Violations of child dispute court-ordered resolutions may lead to legal actions but not typically criminal charges.

Legal Penalties for Parental Kidnapping

There are serious legal consequences for parental kidnapping in the United States. A parent convicted of the parental kidnapping crime may be punished with significant fines and prison terms of up to 10 years. The penalties of this crime can also have profound impacts on parental rights. There is a high chance that the parental kidnapping would end in the abducting parent having their custody rights terminated, with the court awarding sole custody to the non-offending parent. Visitation rights of the abducting parenting, if granted, would be highly supervised and restricted.

There are three key federal laws related to parental kidnapping in the United States: the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction and Enforcement Act the UCCJEA), and the International Parental Kidnapping Crime Act (IPKCA). The PKPA was enacted in 1980 to prevent parents from evading custody hearings in a particular state by relocating to another state with their children. The Act invalidates a parent's attempt to circumvent child custody agreements in the child's home state or file new custody agreements in another state. Under the PKPA, a child's home state, where the minor has lived for a minimum of six consecutive months, possesses the jurisdiction for the custody of the child. Also, no court may modify another state's custody orders until the child resided in that state long enough for it to be considered the child's new home state.

The UCCJEA, approved in 1997 to replace the 1968 Uniform Child Custody Jurisdiction Act (UCCJA), is a uniform State law that governs State Courts' jurisdiction to make and modify child custody determinations. It reconciles the difference between the UCCJA and some federal laws, such as the PKPA.

The UJJCEA allows for quick enforcement of out-of-state orders without the need for a new custody hearing, thereby expediting the process of returning abducted children. The Act strengthens the PKPA's enforcement mechanisms by providing specific procedures for registering and enforcing out-of-state custody orders. This helps to ensure that a custody order issued in one state is recognized and enforced in another. Except for Massachusetts, all remaining 49 U.S. States, the United States Virgin Islands, the District of Columbia, Puerto Rico, and Guam have adopted the UCCJEA.

The United States Congress passed the International Parental Kidnapping Crime Act (IPKCA) in 1993 to address instances where parents take their child from the other parent to a separate country. Under the IPKCA, it is a federal crime to attempt to move or move a child to a different country in a bid to interfere with the other parent's custodial rights. Although the IPKCA does not contain a provision for criminal courts in the United States to order the return of a child moved overseas, the Hague Abduction Convention provides for the return of children relocated to foreign countries. Your child can return to your country if the child's current country and your home country are signatories to the Hague Abduction Convention and you file a civil petition under the mechanisms of the Convention.

Each state in the United States has laws pertaining to parental child abduction, parental kidnapping or custodial interference, including the definitions of the crimes and the penalties for such actions.

• California: Parental kidnapping is a crime defined under  Section 207 PC of the California Penal Code. Parental abduction may be punished by imprisonment in a county jail for not more than 12 months, a fine of not more than $1,000, or both, or by imprisonment in the state prison for 16 months, or up to 3 years, a fine of not more than $10,000, or both that fine and imprisonment.
• Colorado: Parental kidnapping is usually a Class 5 felony under  Section 18-3-304 of the state's revised statute. It carries a potential state prison sentence of up to 3 years and up to a $100,000 fine. If the abducted child was taken out of the country, it is considered a Class 4 felony, carrying up to a six-year prison term and up to $500,000 in fines.
• Florida:  Section 787.03 of Florida Statutes governs parental kidnapping and interference with custodial rights. The state considers persons involved in  parental child abduction offenses to have committed a third-degree felony. Parental kidnapping may attract a penalty of up to 5 years imprisonment and up to $5,000 in fines.
• Pennsylvania:  Interference with child custody in Pennsylvania is a third-degree felony, punishable by between 3.5 and 7 years imprisonment and a fine of up to $15,000. This offense can be charged with a second-degree misdemeanor in some circumstances. Then, there is a prison sentence of between one and two years and a fine of up to $5,000
• Texas: A parent accused of  kidnapping their child in Texas may face charges of a state jail felony. This offense is punishable by an imprisonment term of between 180 days and two years. The parent may also be fined up to $10,000. If the parent used a deadly weapon when committing the offense or has a previous felony conviction, the charges may be bumped up to a third-degree felony with steeper penalties, including higher fines and longer prison terms.
• Virginia: A parent charged with parental child abduction in Virginia will be charged with a Class A Misdemeanor, punishable by a fine of up to $2,500 and a jail sentence of up to one year. However, if the parent relocates the child from Virginia to another state, the parent will be charged with a Class 6 felony, punishable by a fine up to $2,500 and a prison sentence between one and five years.

The impact on parental rights is profound. A conviction for parental kidnapping almost invariably results in the offending parent losing custody rights, with courts likely awarding sole custody to the non-offending parent. Visitation rights, if granted, are typically highly restricted and supervised. In severe cases, such as when the child has been harmed or kept away for an extended period, the offending parent's parental rights may be terminated altogether.

Steps to Take When a Child is Abducted by a Parent

If your child has been kidnapped, you should follow these steps in seeking legal remedies:

• Report the child missing:  The first step to take after discovering that your child has been kidnapped is to file a missing person report with the local police. You should ask the police to enter a description of the child into the NCIC (National Crime Information Center) missing person file maintained by the FBI. The police are obligated to enter the report into the NCIC as soon as possible. If your local police do not make the entry into the missing person file, seek assistance from the state missing children clearinghouse or the National Center for Missing and Exploited Children.
• Contact the NCMEC: Next, contact the National Center for Missing Exploited Children to report the missing child and request assistance. You can reach the NCMEC at 1-800-843-5678. The NCMEC's family abduction booklet can help you identify other nonprofit organizations that provide emotional support and guidance to the parents of abducted children.
• Contact the State Department, Office of Children's Issues: If the kidnapped child is en route beyond the country's borders or has been taken out of the country, contact the State Department, Office of Children's Issues, without delay and request assistance. The Office can be reached at (202) 736-7000.
• File for Custody: First, seek the services of an attorney specializing in family law and child abduction cases. Then, file for custody in the state with subject matter jurisdiction consistent with the Parental Kidnapping Prevention Act. Afterward, discuss pursuing criminal charges against the abducting parent with your attorney.
• Contact the FBI and INTERPOL: If the kidnapped child has been taken abroad, you should consider reporting to the local FBI office as they have jurisdiction over the investigation of alleged violations of the federal International Parental Kidnapping Crime Act. If an international abduction is in progress, urge law enforcement to contact the U.S National Central Bureau-INTERPOL for help in intercepting the abductor.
• Seek UFAP Warrant: If the abducting parent has been charged with a state felony, verify that the felony is entered into the NCIC and cross-referenced to the Missing Person Report on the abducted child. In addition, ask the prosecutor to apply for a federal UFAP warrant under 18 U.S.C. 1073. Consequent upon the issuance of a UFAP warrant, the FBI will investigate to find the abductor.
• Seek Help from your State’s Victims' Assistance Office: Contact your state's victims' assistance office and the federal  Office for Victims of Crime (OVC) to see if any assistance may be rendered to locate and recover the child. You can contact the federal OVC at (202) 307-6383.
• Consider a Tort Suit: Filing a tort action for damages arising from the wrongful removal or concealment of a child is another potential avenue for relief.
• Enforce the Custody Order: Upon locating the child, you should seek enforcement of the child custody determination as permitted under the law of the state where the child is located. If the UCCJA is in effect in the state, send a certified copy of the custody determination for filing with the Clerk of the Court. If the UCCJEA is in effect in the jurisdiction where the child is located, you may use the streamlined procedures in the law to register and promptly enforce the custody order.
• Seek Counseling: Once the child has been returned to you, you should consider counseling for the child, yourself, and other family members.
• Modify Custody: It is recommended that you seek modifications to the original custody order to forestall the occurrence of another kidnap.

Legal Support and Resources

Parental kidnapping matters often involve complex legal issues such as understanding and navigating state and international laws. Hence, obtaining help via legal resources and support can be crucial in ensuring the safe return of the abducted child. Consequently, seeking the services of an experienced attorney can ensure that you comply with the relevant state and federal laws, preventing any hindrance to the case that may arise from a misstep. An attorney can also provide effective advocacy in court, presenting a solid case to protect your parental rights and ensure the return of the abducted child.

Legal support during child dispute matters can be helpful if mediation and negotiations are required to resolve disputes. An attorney can help expedite the process of obtaining emergency custody and restraining orders and ensure that custody orders are enforced to prevent future abductions.

When seeking legal assistance via an attorney, look for an experienced attorney specializing in child abduction matters and family law cases. You may review referrals from local bar associations and friends. You may schedule consultations with several experienced attorneys to evaluate multiple options before choosing.

Some organizations that offer assistance in cases of parental kidnapping include:

• National Center for Missing and Exploited Children (NCMEC)
• National Crime Information Center
• The United States Department of State - Office of Children's Issues
• Local and State Bar Associations
• Federal Bureau of Investigation

Preventive Measures

Some practical measures you can take to safeguard against parental kidnapping include the following:

• Maintain open communication lines with the other parent about the child's activities, schedule, and well-being.
• Develop clear custody agreements, including holiday arrangements, visitation schedules, pick-up and drop-off times and locations, and geographical limits. Include provisions allowing for the modification of the custody and visitation arrangements if one parent violates the agreement and specify which parent holds the child's passport and under what conditions the passport may be used. Relocation notices must be sent in advance, including information about the new location and how visitation will be impacted.
• Request supervised visitation through the court if there are suspicions or possibilities of abduction.
• Educate the child about safety plans and who they can trust in emergencies.
• Provide the child with a phone or other device with preset emergency numbers.
• Inform your child's daycare, school, and caregivers about the custody situation and the individuals authorized to pick up your child.
• Maintain copies of custody orders and any related legal agreements to custody and visitation.
• Keep logs of visitation schedules and deviations from the agreed schedules. Document your logs and communications with the other parent via email and text.
• Maintain updated records of the other parent’s address, phone number, and employment information.
• Maintain and update a well-written description of your child, including height, weight, eye color, hair color, and other special physical characteristics.
• Take videos and pictures of your child at least every six months
• Visit your local police department and get a set of fingerprints for your child, so that the fingerprints can be transmitted to another jurisdiction to help identify the kids in the event of an abduction

Parental kidnapping is the crime of deliberately hiding or taking a child from a person in legal custody. It is a serious offense typically classified as a felony in many states in the United States, with several jurisdictions punishing the offense with a multi-year jail term. If your child has been abducted, you should report to the local police as soon as possible. You should also contact other legal organizations offering assistance to parents in cases of parental kidnapping.

Some of these organizations include the National Center for Missing and Exploited Children and the Office of Children's Issues in the United States Department of State. You should also consider hiring an experienced family law attorney for legal support. To prevent parental kidnapping, you should develop clear child custody agreements, provide the child with a communication device, and request supervised visitation if you suspect potential child abduction.