Kid-Napped
Did you know that it is possible to kidnap your own child? Although it sounds a little outrageous and may seem a bit counterintuitive, it’s true. Child custody cases can sometimes turn ugly when two parents are fighting over who gets legal custody of a child. Wrangling over a child's custody can be an emotional experience.
Sometimes, you may feel compelled to go to the extreme to prevent losing in court. Furthermore, when you’re out of options and disagree with the court’s ruling, you may feel that the only thing left to do is to leave the state with your child without permission. Although such an action will most certainly lead to repercussions in your custody case, it is important to know that the action is also considered a criminal act and may subject you to repercussions in criminal court.
The experienced Louisiana criminal defense attorney at The Law Offices of Philip B. Adams explains more on kidnapping below.
What is the Law?
Under Louisiana kidnapping law, a parent can be charged with simple kidnapping of his or her own child if:
The parent intentionally takes, entices, or decoys away and removes a child from the state.
From the custody of the parent or legal guardian to whom custody has been legally awarded.
Without their consent.
With intent to defeat the jurisdiction of the said court over the custody of the child.
Notably, the original custody case in which custody was granted does not have to have been in Louisiana for this Louisiana criminal law to apply. As long as custody was awarded to a custodial parent by any state court of competent jurisdiction, it is illegal for a non-custodial parent to take his or her child from the State of Louisiana without the custodial parent and/or guardian’s permission or consent. Also, as noted above, it is also illegal for a non-custodial parent to entice his or her child to leave the State without permission from the custodial parent and/or guardian as well.
What Are the Consequences of Simple Kidnapping?
The charge of simple kidnapping is punishable by a fine of not more than five thousand dollars ($5,000.00), or imprisonment with or without hard labor for not more than five (5) years, or both. Thus, taking your child out of state without permission from the custodial parent and/or guardian is a serious offense with potentially serious consequences. If you find yourself in a situation in which you are charged with kidnapping your child, you should seek legal representation right away. A good lawyer will listen to your side of the story and work with you to prepare your defense based on the facts of your case.
Call a Louisiana Criminal Defense Attorney Today
The Law Offices of Philip B. Adams are experienced and seasoned criminal lawyers in Louisiana who understand that children need their parents, and parents in bad situations need good advocates. When you need advocacy, we are here to fight for your rights and defend you every step of the way. Our firm has been serving the community and fighting to keep families together throughout the state of Louisiana.
If you want to learn more information about our firm, you can contact us to set up a consultation.