Mississippi Criminal and Family Law BlogAt first glance, it might seem impossible to kidnap your own child. After all, you are the parent… surely you have the right to take the child anywhere you please… right? Well, in certain situations you may be charged with kidnapping just for taking your child away from the other parent without their consent. Even though this entire situation can rise from a simple misunderstanding, the legal consequences are very real.
If you have been charged with kidnapping your own child, you should get in touch with a qualified, experienced criminal defense attorney as soon as possible. With help from one of these legal professionals, it becomes much easier to escape the consequences of these acts.
An Example of Kidnapping in Mississippi
In November of 2021, a 19-year-old individual was arrested after attempting to kidnap a 3-year-old child in Mississippi. The suspect was later revealed to be the child’s uncle, and it was believed that he was trying to transport the child to Mexico, where the father lived. The father and mother of this child were apparently engaged in a custody dispute, and the uncle seems to have been used by the father to try and forcibly take the child. Although no formal charges were announced at the time of his arrest, kidnapping charges were certainly a possibility.
What are the Laws on Parental Kidnapping in Mississippi?
There are no laws specific to parental kidnapping in Mississippi. However, the state makes it quite clear that seizing a child without the permission of both parents is illegal. In fact, the penalty for this crime is life imprisonment – although the courts may have the opportunity to set the sentence to between one and 30 years in prison.
The Parental Kidnapping Prevention Act
In addition, there is a federal law called the Parental Kidnapping Prevention Act that discourages parents from taking their children out of state. The federal act promotes cooperation between states in catching parents who have kidnapped their children and returning the minors back to their residence as quickly as possible.
Child Custody and Parental Kidnapping
It is much better to be charged with violating a custody order rather than outright kidnapping. When you violate a custody order, you face much less serious penalties compared to the charge of kidnapping. That said, there may be certain situations in which no custody order was violated. In this situation, parents should not face any serious consequences for taking their children on extended trips.
Enlist the Help of a Qualified Attorney Today
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants mitigate legal consequences, and we can do the same for you. Kidnapping can be a serious offense, even if you are biologically related to the child. Book your consultation today, and we can help you explore various defense strategies.