As a parent, there’s nothing more precious than the safety and well-being of your child. You may mean well by trying to spend more time with them. Then again, what happens when emotions run high and custody disputes arise? In situations like this, it’s essential to understand the legal implications of taking your child beyond court-ordered time and the potential consequences of parental kidnapping.
What is parental kidnapping?
Parental kidnapping, also known as custodial interference, occurs when one parent takes their child without the consent of the other parent. This violates a court-ordered custody agreement. It can include taking the child out of state or country or simply refusing to return the child to the other parent at the designated time.
Is parental kidnapping a felony?
According to Maryland law, parental kidnapping is considered a felony. The law states that a person who violates a custody order intending to deprive the other parent of their custodial rights may be guilty of a felony. When determining if an act constitutes parental kidnapping, courts consider several factors. The intent behind taking the child, the duration of the unauthorized custody and any potential harm to the child can be critical elements of the case. Conviction may lead to severe penalties, including imprisonment.
Consequences of parental kidnapping
The consequences of parental kidnapping can be severe, affecting not only the parents but also the child. In addition to criminal charges, the violating parent may face:
- Loss of custody or visitation rights
- Fines and legal fees
- Emotional distress and trauma to the child
Parental kidnapping is a serious offense. While spending longer time with your child may appear harmless, actions that may seem justified in the heat of the moment can have serious legal repercussions. It’s recommended to approach custody disputes through proper legal channels. If you are in a challenging custody situation, seeking legal guidance may help provide clarity, protect your rights and advocate for your child’s well-being.