Most people imagine a youngster being kidnapped from a playground or a dramatic abduction from a bedroom in the middle of the night when they think of kidnapping. They are unlikely to examine a case in which one parent abducts a kid from another. However, this sort of “kidnapping,” also known as “custodial detention” in California, is very frequent.
Maliciously depriving another adult of his or her right to custody or visitation with a kid is illegal in California. Custodial detention is frequently perpetrated by someone who has custodial or visiting rights, however this is not always the case. This might be a parent, grandparent, foster parent, or someone else who had a custodial connection with the kid in the past.
It can happen in many ways
This scenario might arise in a variety of ways. When a couple has divorced or otherwise broken up and shares custody of their children, this is perhaps the most typical scenario. One parent may opt not to return the children to the other at the conclusion of their visiting or custody time, and may even take the children out of the neighborhood, state, or country. If this occurs, this parent may be prosecuted with the crime of incarceration.
Another scenario is that a mother gets imprisoned for a crime and provides temporary custody to a friend or family member while she serves her jail sentence. If the individual refuses to give custody once the mother is released, he or she might be prosecuted with custodial detention.
Potential consequences for a conviction of custodial detention
Custodial detention is a wobbler, meaning it can be prosecuted as a misdemeanor or a felony depending on the circumstances. A misdemeanor conviction for custodial detention can result in a year in county jail and/or a $1,000 fine. Felony custodial detention can result in up to three years in jail and/or a $10,000 fine.
There are defense options available to you
Custodial detention charges can occur in divorce proceedings. Fortunately, there are a variety of possible defenses to this accusation. For example, if the individual accused of custodial detention did not have custody or visitation rights (possibly because the custody issues in the divorce had not yet been resolved), a qualified criminal defense attorney can utilize this information to demand that the case be dropped.
It may also be a defense if you did not act intentionally. For instance, if you were on vacation and your car broke down on the way home, causing you to be 5 hours late for the custody hand-off, you did not deprive your ex of custody on purpose. Finally, custodial detention may be justified if you were acting to safeguard a child from bodily or mental damage.
If you have been accused of kidnapping, we urge you to contact Chambers Law Firm at 714-760-4088 to get the help you need. Reach out today and we can get started right away.
