What is Parental Kidnapping?
Parental kidnapping is a serious and often confusing legal issue. It happens when one parent takes a child without the legal right to do so, often breaking a custody agreement or court order. This act can cause emotional harm to the child and create long-term problems for everyone involved.
If you’re dealing with a situation like this in Los Angeles or anywhere in California, it’s important to understand your legal rights and what steps to take. This article will explain what parental kidnapping is, how California law handles it, and what you can do if you or someone you know is affected.
What is Considered Parental Kidnapping?
Parental kidnapping (also called parental abduction) happens when one parent takes, hides, or keeps a child from the other parent without permission or against a court order. This can happen even if both parents have custody rights.
If one parent breaks the custody agreement, it may still count as kidnapping under California law. Parental kidnapping is when one parent takes or keeps a child without legal permission, especially in violation of a custody order.
Parental Kidnapping in California Law
In California, parental kidnapping is covered under Penal Code Sections 278 and 278.5. The difference between the two depends on custody rights.
No Legal Custody
If a parent who has no legal custody takes the child away from the legal guardian, it is considered kidnapping. This is a criminal offense, and the parent can face jail time and fines.
With Custody Rights
Even if a parent has custody, they can still be charged if they:
- Violate a custody order
- Take or hide the child from the other parent without permission
- This is a serious crime and can lead to both criminal and family court consequences.
In California, parental kidnapping is illegal, and both parents must follow custody agreements set by the court.
Legal Custody vs. Physical Custody
To understand parental kidnapping, it’s helpful to know the difference between legal and physical custody.
- Legal custody – This means the right to make important decisions about the child’s life, like education and healthcare.
- Physical custody – This means where the child lives on a day-to-day basis.
When parents are divorced or separated, the court gives one or both parents legal and/or physical custody. If a parent acts outside these rights, it could be considered kidnapping. Knowing the difference between legal and physical custody helps determine if a parent’s actions are legal or not.
What Should You Do if Parental Kidnapping Happens?
If you believe your child has been kidnapped by the other parent, it’s important to act fast.
- Contact law enforcement – Call the police and report the child missing. Provide all custody documents and details about the other parent.
- Notify the court – Inform the family court. They can issue emergency custody orders or modify the current custody agreement.
- Work with a lawyer – A family law attorney or personal injury law firm in Los Angeles can help you file court motions, gather evidence, and represent you in court.
They can also help you seek damages if the kidnapping caused emotional or financial harm. If you suspect parental kidnapping, contact police and a lawyer right away to protect your child and your rights.
How to Prevent Parental Kidnapping
While not all situations can be avoided, there are ways to lower the risk of parental kidnapping.
- Keep custody orders updated – Make sure your custody order is current and clearly written.
- Communicate clearly – Use written communication like email or texts to keep records of agreements and visits.
- Ask the court for safeguards – The court can order supervised visits, travel restrictions, or that passports be held by the court.
These legal tools can help protect your child if you’re worried about abduction. Staying informed and proactive can help prevent parental kidnapping and keep your child safe.
Parental kidnapping is not just a family issue—it’s a legal crime. Whether you’re a parent worried about your child or someone already facing this problem, knowing your legal options is key. In Los Angeles, our law firm is ready to help you understand your rights, protect your child, and take legal action when needed.
Contact a Los Angeles Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586