Is It Kidnapping When You Take Your Own Child?

If you are a parent, the mere thought of getting arrested for “kidnapping” your own child may sound bizarre and laughable. Nonetheless, parental kidnapping is actually a thing, and when you are facing these charges, it’s not a laughing matter anymore. In fact, some parents may even be sentenced to time behind bars and have a permanent criminal record because of this.  

However, whether or not you can face parental kidnapping or interference with custody charges is a bit more nuanced than it might seem at first sight. So, if you are thinking of taking your child somewhere without the other parent’s permission or you have been outright accused of kidnapping your child, you might want to consult with an attorney. Attorney Anthony Bretz at Bretz Legal, LLC, has handled numerous parental kidnapping and related cases, understands the sensitive nature of these matters, and knows how to approach them to protect the client’s interests.   

When Is It Kidnapping if You Take Your Own Child?  

Let’s review the following two scenarios:  

1. You and your spouse had a fight. You know your marriage is over after such a fight, so you pack your things, take your children, and move out to live with your parents until you get a divorce. You don’t let your spouse see the kids during that time.  

2. You and your former spouse got divorced years ago and were ordered to follow a child custody arrangement. One day, you decide you don’t want your child to be anywhere near your ex-spouse, so you take them without the other parent’s permission, move to another state, and don’t answer their calls.  

In the second scenario, you can—and most likely will—face interference with custody charges. In the first scenario, on the other hand, you may be charged with parental kidnapping. The primary difference between the two charges is the existence of a custody order.  

What Is Interference With Custody in Missouri?  

Under Mo. Rev. Stat. § 565.150, it is a crime of interference with custody when a person with custodial rights to a child willfully violates the custody order. This charge may apply when a parent refuses to return the child to the other parent with custodial rights or disappears with the child without the other parent’s permission.  

Depending on the circumstances, interference with custody may be charged as either a misdemeanor or felony. In the absence of aggravating factors, the defendant can be convicted of a Class A misdemeanor, which is punishable by up to $2,000 in fines and up to 12 months in jail. However, if the parent takes their child out of state in violation of custody arrangements, the charge can be elevated to a Class E felony with up to $10,000 in fines and a maximum prison sentence of four years.  

What Is Parental Kidnapping in Missouri?  

Under Mo. Rev. Stat. § 565.153, if there is no court order that determines the custodial and visitation rights of parents, you can be charged with parental kidnapping if you take your own children without good cause with the intent of keeping them away from the other parent.  

The severity of penalties for parental kidnapping in Missouri depends on how long the other parent was deprived of their right to interact with the kids:  

• Less than 60 days – Class E felony 

• Between 60 and 119 days – Class D felony 

• 120 or more days – Class B felony 

The penalties range from up to four years in prison to a maximum prison sentence of 15 years, not to mention the hefty fines and other serious ramifications.  

What Are the Defense Strategies When Facing Charges for Kidnapping Your Own Children? 

The defenses that may be available when you are being accused of “kidnapping” your own child depend on the facts of your individual case. Possible defense strategies include:  

• You had lawful custody over the child and were not in violation of any court order;  

• You had the other parent’s consent to take the child with you;  

• You took the child to protect them from abuse or neglect; and 

• You could not return the child to the other parent in a timely manner due to circumstances that were beyond your control.  

This is a non-exhaustive list of possible defenses to parental kidnapping or interference with custody charges. Since everyone’s situation is different, you might want to speak with a criminal defense attorney to know what to do in your specific case to avoid harsh punishment.  

Accused of Kidnapping Your Own Child? Get a Consultation Now 

If the other parent is accusing you of “kidnapping” your own child, you shouldn’t laugh at them and say they are talking nonsense. It’s actually true that you could face kidnapping charges for taking your children away from them. This is one of those moments where you could go from, “Are you kidding me?” to “No way, that can’t be true!” if you actually get arrested. Attorney Anthony Bretz at Bretz Legal, LLC, may be able to help before it’s too late. Request a consultation today to discuss your situation and find out if you should be worried about anything.