Definition Of Parental Kidnapping In California

Parental kidnapping laws by state.

Definition of parental kidnapping in california. Some parents are surprised to learn that their state does not require the use of force or a weapon to support the criminal charge of parental. In penal code 207 pc california law defines the crime of kidnapping as moving another person a substantial distance without the person s consent by means of force or fear the penalty for simple kidnapping is up to 8 years in state prison the sentence can be life in prison if the victim is a child the victim is injured or killed a ransom is demanded or the kidnapping is part of a. Despite one s good intentions it is a serious felony in california to take your own child or hide the child from their legal guardian. It addresses child maltreatment and its definition statistics and related issues such as child exploitation sexual exploitation sibling abuse and bullying in addition to long term effects and consequences.

California penal code 207 210. Experiences by adult survivors of. In fact in many kidnapping cases the accused is more often related to the victim. Parental kidnapping child abduction california penal code section 278 pc.

Non custodial detainment pc 278 if you are being accused of parental kidnapping our attorneys can help. Parental child abduction is the hiding taking or keeping hold of a child by his her parent while defying the rights of the child s other parent or another member of the family. Physical sexual and emotional abuse. Violated rights may include for example custody and visitation rights.

This type of abduction occurs when the parents separate or begin divorce proceedings. Parental kidnapping in california call a lawyer. Nothing is more important to you than your children and understandably child custody is often one of the most contentious and emotionally distressing issues you will face in the process of divorce. Parental kidnapping or parental abduction is defined as the concealment taking or retention of a child by his parent in violation of the rights of the child s other parent or another family member.

Parental kidnapping laws vary by state but generally involve a defendant abducting a person child by holding them in a place where they are not likely to be found. California penal code section 278 pc known as parental kidnapping child abduction or as child stealing makes it a crime for a person who does not have custody rights over a child to take the child away from his or her parent or legal guardian a person who violates penal code 278 pc can be sent. While both types of kidnapping include the basic elements of the crime aggravated kidnapping requires proof that the defendant engaged in kidnapping for the purpose of committing another crime. One parent may take or retain the child from the other to gain advantage in the pending child custody proceedings.