Is It Possible for you Kidnap Your Own Child?
Most people know what kidnapping is. Some Baltimore criminal defense lawyers are aware of an important exception to the charge:
It does not apply to the act of a parent is taking his or her minor child outside the state.
The penalty for kidnapping can be harsh – 30 years. Maryland law punishes the abducting or carrying away of a child less than 12 years of age from that child’s legal guardian or home.
Baltimore criminal defense attorneys Attorney Eric T. Kirk know that, generally, where this conduct occurs under “color of right”, this conduct is not punishable by the general kidnapping statutes. A color of right can be asserted where the person in question is the biological parent. There are separate provisions in the Family Law Article that may punish this conduct. The penalties are much less severe: potentially only 30 days as opposed to 30 years. However, a relative ‘who abducts, takes, or carries away the child from the lawful custodian to a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico’ is guilty of a felony, and faces 5 years.’ [Md. FAMILY LAW Code Ann. Section 9-307]
If the State has brought charges against you: Call me. 410 591 2835, or fill out the contact template on the page. The most important thing you can do at this point is to act quickly, and effectively, to protect your interests.