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Custody

Parental Kidnapping: What Every Parent Should Know

Contrary to the popular belief that strangers usually take missing children, most of them are actually victims of parental kidnapping. This occurs when one parent takes a child without the consent of the other parent or legal guardian, in violation of custody or visitation orders. While this may seem less frightening, it can still put the child’s safety and well-being at risk and often indicates a more significant issue of domestic violence. A parent may take these actions to control their partner, even if it means hurting their own child.

In this article, you’ll learn about the signs of parental kidnapping, your options if your ex has taken your child, and the criminal consequences if you are accused of unlawfully taking your child.

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.

Parental Kidnapping Infographic

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.

Modern Family Law

Modern Family Law’s team of experienced child custody lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. We understand the financial burden a divorce can have on an individual. As such we have created our industry-first SimpleStart™ program, providing people a chance to reduce the amount of money needed upfront to start their case. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

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