Family and custody issues can escalate in a hurry when former couples fail to see eye to eye, and every year we hear about instances where one parent fails to return children to the other parent as stipulated by a custody agreement. One party oftentimes feels justified in keeping the children from the other, but you can’t just go about this however you feel, you need to go through the proper channels in court. If you don’t, you may find yourself facing a kidnapping charge.
In today’s blog, we take a closer look at parental kidnapping charges and possible defenses in Minnesota.
Parental Kidnapping Laws
Under Minnesota law, it is illegal for a parent or guardian to “conceal a minor child from the child’s parent where the action manifests an intent substantially to deprive that parent of parental rights or conceal a minor child from another person having the right to parenting time or custody where the action manifests an intent to substantially deprive that person of rights to parenting time or custody.”
In other words, if a parent or guardian intentionally neglects to return a child to the other parent or guardian as stipulated in a custody agreement, they can be charged with parental kidnapping. Being late to a dropoff or having car trouble on the way to your ex’s house certainly doesn’t mean that you are guilty of kidnapping because you don’t hand over your kids as defined in your legal agreement, but if you have no intention of following the order or you actively keep your kids from their other parent, you can be hit with a felony charge.
Under Minnesota law, a violation of the above law is considered a felony offense, punishable by up to two years in jail and fines up to $4,000. These penalties can be upgraded if:
- The violation occurred while in possession of a deadly weapon.
- The defendant neglected the child during the period of concealment.
- The defendant inflicted or threatened to inflict violence on the other parent as a way to deter criminal prosecution.
- The defendant demanded payment or financial compensation for the safe return of the child.
- The defendant has a previous conviction under this section or similar statute.
If you have been charged with kidnapping your children by an ex, you need professional legal representation by your side. A felony can have major consequences for your life and your freedom, and it could also greatly impact your likelihood of being granted custody of your children in the future. We understand that you are likely very frustrated with the situation or you believe that you have good reason for keeping your children from their parent, but you need to act calmly and by the book. Collect evidence and file the necessary paperwork, don’t act irrationally and put yourself in a bad position.
Let us help take the emotion out of the situation and ensure that you avoid a worst case if you are charged with parental kidnapping in Minnesota. For more information, or for help building a defense against related charges, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
