Unfortunately, it is not completely uncommon to hear about a parent kidnapping a child. It happens when the child has been taken by their other parent against their custody order. It is an extremely stressful and anxiety-ridden situation - just because another parent has taken the child does not mean it brings a sense of relief.
At Rafool, LLC, our Miami family law lawyers want to help parents with aggressive representation for custodial parents in getting their children back. We will pursue every avenue to resolve your case.
Routine violations of time-sharing plans are the most common reason this situation occurs. If the violation can be interpreted as parental kidnapping, the parent may face state and federal criminal charges. Florida statute 787.03 addresses parental kidnapping:
A parent who does not have authority over the child, which includes someone who unlawfully and knowingly took a minor from a parent. In many cases, this results in a third-degree felony.
A parent who has authority over the child: a parent of the minor who takes, consoles, or entices the child away with malicious intent to take custody away from the other parent/guardian. It can happen within or outside of the state and is also a third-degree felony.
If parental kidnapping occurred while crossing state lines, federal charges could be involved. Kidnapping is a felony under federal law, resulting in 20 years of prison time (depending on the circumstances of prior convictions).
Parents who fear that an ex-spouse may kidnap their child should take preventative measures to ensure their safety. Contact a Miami FL divorce attorney for determined legal counsel.