Parental Kidnapping: What Every Parent Should Know

What Is Parental Kidnapping?

Parental kidnapping is the crime of knowingly taking a child from a person with lawful custody. In Colorado, this is a class 5 felony under Colorado Revised Statute § 18-3-304. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law followed by all states except Massachusetts, requiring state courts to enforce valid child custody and visitation decisions made by other states. The UCCJEA gives exclusive and continuing jurisdiction over child custody issues to the child’s home state, meaning even if the non-custodial parent takes the child to another state, Colorado law will still apply.

Proving Parental Kidnapping

To prove that your ex has kidnapped your child, you need to show that they took the child in violation of a court order or without your consent, or they wrongfully retained the child after they were supposed to return them to you. The court will consider factors such as the length of time the child has been missing, the alleged abductor’s intent to keep the child, and if the other parent knew the child’s location.

A Formal Custody Order is Necessary

In Colorado, every parent has a fundamental right to the care, custody, and control of their child, which can only be taken away by court order. If no such order exists, both parents have unrestricted custodial rights, and a parent cannot be convicted of kidnapping their own child. However, Colorado law does address parental kidnapping in violation of a custody order, which could result in a class 5 felony. A temporary custody order also carries the same weight as a permanent order, so violating a temporary order could also be considered parental kidnapping.

It Is important to have a formal custody order in place to avoid confusion and protect your rights as a parent. If your child has been taken by your ex, it’s important to act quickly and seek legal assistance.