What Is Parental Kidnapping?
Missouri defines parental kidnapping as the act of one parent concealing their child from the other parent or preventing the two of them from communicating. It can also involve enticing the child away or moving from the city or state without a good cause and with the intent of depriving the other parent of access to their child.
Your future is on the line. Call Combs Waterkotte's St. Louis parental kidnapping defense lawyers at (314) 900-HELP for an immediate consultation.
Typically, parental kidnapping is a Class E felony. It can become a Class D felony, however, if the parent allegedly detains or conceals the child for more than 60 days. If the concealment lasts for at least 120 days, it typically becomes a Class B felony.
You can be charged with interference with child custody instead of parental kidnapping in some instances. This is a misdemeanor, but it can still carry jail time. Parental kidnapping is a much more serious crime.
Parental Kidnapping Penalties in Missouri
The penalties you could face if you’re convicted of parental kidnapping depend on the felony class you’re assigned.
Imprisonment
For a Class E felony, you could face up to four years in prison, while a Class D felony can earn you up to seven years. In some instances, probation is possible, but it depends on your situation.
Class B felonies often carry harsh penalties. You may be required to serve a minimum of five years and up to 15 years in prison.
Fines
Along with putting yourself at risk of imprisonment, you can also face thousands of dollars in fines. You’d additionally need to compensate the other parent for any expenses they sustained as a result of your alleged kidnapping, including legal fees.
Child Custody Problems
The court may limit your custody and visitation rights as well. In some cases, you might need to have supervised visitations.
Limited Work Opportunities
If you’re convicted of misdemeanors or felonies, you will have a criminal record, too. This can impact your life in numerous ways, beginning with your employment.
Your future job prospects can be seriously limited with a criminal record. There may be entire professions you won’t have access to, such as law enforcement and many jobs that involve finances. You won’t be able to work in some government positions, either. If you have professional licenses, you can lose these, making it impossible for you to practice your chosen career.
Most employers will ask about your criminal history when you apply for a job. They may be very reluctant to offer a position to someone with a conviction.
Housing Problems
Your housing options can also be limited if you have a criminal record. You may not be able to get a loan, and many landlords don’t accept applications from those with criminal records. If there’s an order of protection against you, you may have further limits as to where your home can be located. Government housing is typically out of the question.
Education Limits
For those who’d like to return to school, that, too, can be problematic with a criminal conviction. You generally won’t be able to apply for federal aid, and some schools could turn down your application because of your record.
If you were on the way to graduating when you were arrested and convicted, schools could even prevent you from getting your degree.
Loss of Civil Rights
Having a criminal record can also mean limited civil rights. For example, you may not be able to vote or own a gun, which could impact your life significantly. Many countries also don’t allow people with records to pass through their borders.
Social Stigma
Unfortunately, there’s a social stigma against those who have been convicted of crimes. You could run into problems with loved ones who no longer want to spend time with you, and you could struggle to make friends or form relationships because of the bias that others may have.
Possible Defenses for Parental Kidnapping Charges in St. Louis
Because the penalties for parental kidnapping can be so serious, the first thing you should do when you’re charged is to hire an experienced St. Louis criminal defense lawyer. By relying on our team at Combs Waterkotte, you can have a chance to beat your charges or have them reduced. Our team can carefully assess your case to build an effective criminal defense strategy.
One of the options we have is to show that your intent wasn’t to prevent the other parent from having access to their child. If you had a good reason to conceal your child, we can use that to help you avoid parental kidnapping charges.
Perhaps the other parent is falsely accusing you of kidnapping the child. If the relationship is a difficult one and there have been contentious custody hearings, they may be trying to keep you from having access to your child. This is an issue we can raise on your behalf.
If you were worried about your child’s safety and couldn’t wait to get a court order to change the custody agreements, you may have acted as you did to protect your child. We can use this in your defense, too.
Our experienced team of attorneys can guide you as you go through this very difficult process.
