It is no longer uncommon to hear about a person being kidnapped and released in exchange for a ransom. However, did you know a parent can also be accused and convicted of parental kidnapping? Sadly, this seems to happen most often when a separated or divorced couple has a set schedule for parenting time, but one parent doesn’t stick to it. If one parent plans to keep and hide a child from the other parent, they could be convicted of the crime, which could lead to fines or jail time.
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Learn more about parental kidnapping in Michigan.
Defining Parental Kidnapping In Michigan
Parental kidnapping happens when one parent takes a child from the other parent without the other parent’s permission, breaking the custody agreement.
Parental kidnapping is a serious crime in Michigan. The Parental Kidnapping Prevention Act is outlined in Michigan Compiled Laws 750. Section 350a states that a parent can’t take a child for more than 24 hours to hide the child from the other parent.
Parental kidnapping is a felony in the state. If a parent in Michigan is found guilty of abducting their child, they could face serious consequences. A parent who kidnaps their child faces a $2,000 fine, up to a year in prison, or both. Under federal law, a parent who takes a child out of the United States without the custodial parent’s consent can be charged with a crime and sent to prison for up to 3 years if they are found guilty.
A parent in Michigan may be exempt from a parental kidnapping accusation if they can demonstrate that the other parent endangered the child and that the child requires their protection. A court may rule on a verdict after evaluating the child’s conditions beyond a reasonable doubt.
Preventing Parental Kidnapping
Parental kidnapping is not an unusual occurrence. There’s a good chance they’ve been deprived of custody or are enraged and wish to cause harm to the other parent. Whatever the circumstances, parental kidnapping is a federal offense and a felony in the state of Michigan. Parental kidnapping can be avoided in many situations.
Being well-prepared is your best line of protection. Emergency custody orders are available in most states if you’re worried about the other parent taking your children away without your permission. You can request a clause in the order that prevents the other parent from taking your kids out of state, or that they only be permitted supervised visitation.
If you have custody, ensure that school officials, daycare workers, and anyone else who has contact with your child has a copy of the custody orders. They can be given clear instructions not to disclose the child or any child-related information to the non-custodial parent. Any friend or family member who supports or assists a parent in hiding a child should be made aware that their actions may be considered a crime punishable by law.
Contact a Michigan Divorce Lawyer Today
An allegation of parental kidnapping is serious business that demands the help of an experienced defense attorney. If you or a loved one has been charged with a crime, do not hesitate to contact the seasoned family law attorneys at Goldman and Associates for the best possible defense. Book an appointment today!