Parents must legally agree on a child custody arrangement, including visitation schedules. Parental kidnapping happens when one parent imprisons, confines, or takes their children away from the other parent without their knowledge or written consent.
Legally speaking, to be considered parental kidnapping, these factors must be involved:
- Legal status of the parent accused of kidnapping
- Existence of any court orders regarding custody
- Intent of the parent accused of kidnapping
If both parents have equal say and custody, and a parent takes a child on a trip without the other parent’s permission, it might not be considered parental kidnapping. If your spouse is not following your child custody arrangement, speak with one of our attorneys: (702) 553-3266.
Is Parental Kidnapping a Crime?
It’s scary when your ex-partner takes your children without notice or information about where they are.
Under Nevada law, NRS 200.359, parental kidnapping is considered willfully detaining, concealing, or removing a child from another parent with lawful or legal sole custody. For a parent to be convicted of a parental kidnapping crime, they must be found guilty of breaking the law.
If your ex-spouse took your children away without warning, we can review your child custody agreement and help you understand your rights in this situation. If convicted, your partner could face a class D felony and risk future visitation rights.
Why Do Parents Kidnap their Kids?
Family kidnapping happens in many different types of domestic situations. Children of divorced or separated parents might be taken as the parent is frustrated with the current custody agreement, they fear losing visitation rights, or the parent wants to get revenge on the other parent due to divorce or separation.
In other unfortunate situations, a parent might remove a child from an unsafe situation with perceived violence or emotional threats. Sometimes parental kidnapping isn’t what it seems.
Suppose you have a sense your child is in danger of kidnapping. In that case, you can contact our attorneys to issue an emergency or temporary custody order to prevent any issues or disruption to your children’s life. In any case, reach out to our firm to discuss kidnapping concerns or occurrences.
How Can an Attorney Help?
Anger, desperation, and other emotions can drive a parent to kidnap a child. It’s essential to work through the situation with a clear head and determine the best plan for recourse when a child custody arrangement has been violated.
An attorney can advise you on whether you are in danger of committing parental kidnapping, if you plan on leaving with your child, or if you have already left, and what you need to do to avoid being charged with parental kidnapping. It’s best to be proactive and avoid any legal hassle or issues with your ex-spouse.
If you have primary custody, your partner took your children without consent, and your ex-spouse is not cooperating, you should contact our attorneys to discuss a plan. The priority is to ensure that your children are safe.
In situations where domestic violence, emotional abuse, or neglect is involved, contact our attorneys to get the help you need for you and your family. Call: (702) 553-3266.