Parental Kidnapping in Utah Custody Battles

 Posted on August 27,2024 in Criminal Defense

When parents get a divorce, it is natural for each to want as much time as possible with their child. If they cannot agree, things can turn ugly fast. Custody battles can be painful for everyone involved, but if you think the other parent could pose a danger to your child, be careful about how you react. You might think you should take your child when it is the other parent’s time with them or hide your child to keep them safe, but you could be accused of parental kidnapping, which can be traumatic as well as illegal. If you are facing these accusations, speak with an experienced Salt Lake City, UT criminal defense lawyer to learn more.

What Is Parental Kidnapping?

The Utah Department of Public Safety defines parental kidnapping, also called parental abduction, as when a child younger than 16 years old is taken away from one parent or legal guardian by the other parent without custody.

You might think that as your child’s parent, you have the right to take them wherever you want. However, if you take your child from their other parent, guardian, or someone else with custody of them, or if you plan on keeping your child with you for longer than the visitation period you were granted, you could face charges for parental kidnapping.

Legal Consequences of Parental Kidnapping

Parental kidnapping is typically charged as a Class A misdemeanor. You could face a fine of up to $4,750.

If you drive with your child out of the state, you could be charged with a third-degree felony. You could face fines of up to $5,000 and up to five years in prison.

Beyond the charges and penalties, being convicted of parental kidnapping means you risk losing any custody and visitation rights you might have. You might even be ordered by the court to pay restitution for any personal injury damages the other parent claims that you caused.

Schedule a Free Consultation with a Salt Lake City, UT Criminal Defense Lawyer

If your efforts to protect your child from their other parent have you facing accusations of parental kidnapping, speak with a seasoned Davis County, UT criminal defense attorney. Your intentions to keep your child safe can have serious consequences. At Collins Rupp, P.C., we have the experience to handle your case with compassion and sensitivity while fighting aggressively for your rights. Call us at 385-777-2753 to schedule a free consultation.