Child Abduction

It is a crime to deprive a parent of their custodial or parental rights to their child. If you have been accused of taking, concealing, or failing to return a minor child to the legal parents you could be charged with child abduction.

Many people confuse child abduction with kidnapping, but the consequence can be just as serious. Child abduction is defined as a person who:

  • Conceals a minor child from the child's parent where the action manifests an intent substantially to deprive that parent of parental rights or conceals 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; or 
  • Takes, obtains, retains, or fails to return a minor child in violation of a court order which has transferred legal custody under chapter 260, 260B, or 260C to the commissioner of human services, a child-placing agency, or the local social services agency; or 
  • Takes, obtains, retains, or fails to return a minor child from or to the parent in violation of a court order, where the action manifests an intent substantially to deprive that parent of rights to parenting time or custody; or 
  • Takes, obtains, retains, or fails to return a minor child from or to a parent after commencement of an action relating to child parenting time or custody but prior to the issuance of an order determining custody or parenting time rights, where the action manifests an intent substantially to deprive that parent of parental rights; or 
  • Retains a child in this state with the knowledge that the child was removed from another state in violation of any of the above provisions; or 
  • Refuses to return a minor child to a parent or lawful custodian and is at least 18 years old and more than 24 months older than the child; or 
  • Causes or contributes to a child being a habitual truant as defined in section 260C.007, subdivision 19, and is at least 18 years old and more than 24 months older than the child; or 
  • Causes or contributes to a child being a runaway as defined in section 260C.007, subdivision 28, and 
  • Is at least 18 years old and more than 24 months older than the child; or Is at least 18 years old and resides with a minor under the age of 16 without the consent of the minor's parent or lawful custodian.

Penalty

Child abduction is a felony offense with a possible sentence of up to four years in prison and a fine of $8,000

What to Do

There are several possible defenses that can be used including protecting the child from abuse, consent by the parent or guardian, and several others. If you have been charged with child abduction the best thing to do is contact the experienced attorneys at Ascheman Law today.

Why should you call us?

It’s important to consult with a criminal defense attorney to understand the charges, your rights, and protect your future. There are many excellent reasons to contact Ascheman Law for a free consultation, here are a few:

  • It’s free, you have nothing to lose;
  • We can answer your questions;
  • It’s confidential, we are bound by a code of ethics not to talk about your case;
  • No strings. Yes, we would like to represent you, but you are in no way required to hire us;
  • We want to help, it’s why we do what we do; and
  • It may change your life.