Parental kidnapping creates significant legal challenges and emotional distress for families in Missouri. The act involves one parent unlawfully taking a child, which can lead to complex legal battles. This guide explains what actions constitute parental kidnapping under Missouri law, the immediate steps to take if a child is abducted, the consequences for the abducting parent, and the importance of custody orders.
What Constitutes Parental Kidnapping in Missouri
Parental kidnapping in Missouri involves a parent wrongfully taking, keeping, or concealing a child in a way that violates the other parent’s legal rights to custody or visitation. The defining element is the intent to obstruct another person’s lawful access to the child. This action goes beyond disagreements over parenting time, which are usually handled as custody violations.
An example of parental kidnapping is a non-custodial parent picking up a child for a visit and then moving to another location without notice. In contrast, a parent who is merely late returning a child, without the intent to permanently deprive the other parent of their rights, is likely committing a custody violation but not kidnapping.
Key Missouri Statutes Governing Parental Kidnapping
Two primary statutes in Missouri address these situations. Missouri Revised Statutes Section 565.150 defines “Interference with Custody” as knowingly taking or enticing a person from the legal custody of another. This offense is a Class A misdemeanor, but it becomes a Class E felony if the child is taken out of state, detained elsewhere, or concealed.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 565.150
The more specific offense, “Parental Kidnapping,” is covered under Section 565.153. This law applies when a parent removes or conceals a child with the intent to deprive another person of their custody rights, even without a court order. Parental kidnapping starts as a Class E felony, and the severity increases based on how long the child is kept; if detained for 60 to 119 days, it becomes a Class D felony, and if for 120 days or more, it elevates to a Class B felony.2Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 565.153
Steps to Take if Your Child Has Been Abducted by the Other Parent
If you believe the other parent has abducted your child, take these immediate steps:
- Contact your local police or sheriff’s department to file a missing person report. Be prepared to provide your child’s full name, a detailed physical description, a recent photograph, and information about the abducting parent, their vehicle, and any known or suspected locations.
- Simultaneously, contact a Missouri family law attorney to explore your legal options. An attorney can help you file emergency motions with the court to enforce your custody rights and secure the child’s return.
- Report the abduction to the National Center for Missing and Exploited Children (NCMEC). This organization provides resources and assistance in parental kidnapping cases and can help disseminate information about your missing child across a national network.
- Gather and organize all documents related to your child and the other parent. This includes birth certificates, social security numbers, passport information, and financial records for the other parent, which can be invaluable for investigators.
Legal Ramifications for the Abducting Parent
A parent who commits parental kidnapping in Missouri faces serious legal consequences. Criminal penalties are significant, with charges ranging from a Class E felony, punishable by up to four years in prison, to a Class B felony, which can carry a sentence of five to fifteen years.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 558.011 The specific sentence often depends on the duration of the abduction and whether the child was taken across state lines.
Beyond imprisonment, the act of kidnapping will have a lasting negative impact on the parent’s future custody and visitation rights. A court is highly likely to modify existing custody orders to restrict the offending parent’s access, potentially requiring all future visits to be supervised. In some cases, the court may terminate the parent’s custodial rights altogether.
A conviction also creates a permanent criminal record, and the court can order the abducting parent to pay restitution to the other parent. This payment is meant to cover any reasonable expenses incurred while searching for and recovering the child.
The Role of Custody Orders in Parental Kidnapping Cases
A legally binding Missouri child custody order delineates each parent’s rights and responsibilities, providing a clear legal basis for law enforcement and courts to act. When a parent violates a custody order by taking a child, the order serves as direct evidence that their actions were unlawful, which can expedite recovery efforts.
If no formal custody order is in place, the situation is more complex but does not prevent a charge. Under Missouri law, if parents are unmarried, the mother is presumed to have sole legal and physical custody until a court establishes paternity and orders otherwise. A father taking a child without a custody order could still face kidnapping charges if his actions are intended to deprive the mother of her custodial rights.
Interstate and International Considerations
Parental kidnapping cases that cross state lines trigger federal laws designed to handle these complex jurisdictional issues. The Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Missouri has adopted, establish which state has the authority to make and modify custody orders.4U.S. Code. 28 U.S. Code § 1738A – Full Faith and Credit Given to Child Custody Determinations This prevents an abducting parent from seeking a more favorable ruling in another state and ensures that a valid Missouri custody order is recognized nationwide.
When a parent takes a child to another country, the Hague Convention on the Civil Aspects of International Child Abduction is a treaty that helps facilitate the return of children who have been wrongfully removed to member countries.5Hague Conference on Private International Law. Convention of 25 October 1980 on the Civil Aspects of International Child Abduction This agreement creates a standardized civil process for parents to petition for their child’s return, though the process depends on the cooperation of the foreign country’s legal system.