To many people, kidnapping is a crime that involves strangers luring their children away with nefarious intentions. However, quite a few kidnappings actually involve people who have pre-existing relationships with the children involved.
In fact, there are many parental kidnappings reported every year in Maryland and across the United States. People who are upset about their custody orders, who fail to communicate with their co-parents or who might want to protect their children from an abusive environment could end up accused of breaking the law if they do not follow a court-approved custody order.
Is a kidnapping charge possible when a parent refuses to uphold the terms of a shared custody order?
Custodial interference is a crime
People who do not respect the terms of a custody order are potentially at risk of criminal prosecution. The least serious allegation they might face is likely contempt of court.
However, they could also potentially face a custodial interference charge. Custodial interference is a felony that can lead to large fines and even a 30-year prison sentence in some cases. Typically, the state does not prosecute parents for kidnapping.
Still, any other people who assist in attempts to subvert a custody order, including those who shelter the parent and child, could potentially face kidnapping charges. Kidnapping is also a felony offense that carries the same maximum 30-year sentence as custodial interference after a conviction.
Those accused of kidnapping and similar offenses typically need a great deal of support to respond to those allegations effectively. Exploring what led to a custody conflict with a skilled legal team could help concerned parents begin developing a criminal defense strategy.