When people think of "kidnapping," they often picture a dramatic scenario involving dangerous criminals and threats. In reality, many kidnapping cases involving young children stem from disputes within families. It's not uncommon for someone the child knows and trusts, such as a parent or family member, to be at the center of these incidents.
However, these instances of parental kidnapping do not always imply malicious intent or a desire to harm the child. In some cases, custody interference occurs due to misunderstandings, intense emotional reactions, or attempts to shield the child from perceived danger. Regardless of the reasons behind it, parental kidnapping without a valid defense can become a serious legal issue that permanently affects your future.
If you are facing allegations of parental kidnapping in New Jersey, talking to police or judges about your actions can further implicate you and make it harder for you to maintain a close relationship with your child. Call the Lento Law Firm today at 888.535.3686 or contact us through our website to fight back against parental kidnapping allegations.
How New Jersey Defines Parental Kidnapping and Custody Interference
New Jersey statutes state that parental kidnapping occurs when a parent or guardian:
- Retains custody of the child to prevent the other parent from exercising court-ordered custody or visitation.
- Takes or hides the child to avoid New Jersey court authority during an ongoing custody case, even before a final custody order is issued.
- Directly violates a temporary or permanent custody or parenting time order by taking, detaining, or hiding the child without legal justification.
New Jersey law is also clear that custody arrangements, whether temporary or final, are not suggestions—they are binding agreements enforced by courts. Custody arrangements provide safety and stability for children and clarity for both parents, even during contentious divorces. Regardless of whether a parent feels their actions are justified, these feelings do not give them the legal right to act outside the custody order. Parents will have the opportunity to explain their behavior, but courts may assume the worst if one parent blatantly violates existing custody arrangements. Instead of interfering with custody, parents who have legitimate concerns should seek modifications to the custody order through proper legal channels.
If you believe there is a valid reason to adjust custody, whether due to safety concerns or a major change in life circumstances, the Lento Law Firm can help. Our Family Law Team understands what evidence judges want to see to grant custody adjustments and can help build a strong case that your existing custody arrangement is insufficient. Plus, if you are already dealing with accusations of parental kidnapping, we will immediately get to work defending you from potential criminal punishment and custody setbacks.
Punishment and Penalties for Parental Kidnapping in New Jersey
Custody disputes and divorces primarily involve the civil system, but parental kidnapping enters the realm of criminality. Depending on the specifics of the custody interference, parental kidnapping charges can take one of two forms:
- Second Degree: This applies when the child is concealed for over 24 hours or taken out of the United States, with the possibility of 5 to 10 years in prison and fines of up to $150,000.
- Third-Degree: Covers most other instances of custody interference, with a potential for 3 to 5 years in prison.
In New Jersey, parental kidnapping is considered a continuous offense. In other words, criminal activity doesn't start and end the moment a child is taken or concealed—it continues for as long as the child remains hidden or detained against the terms of a custody agreement or court order. For parents, this generally means that legal exposure increases the longer a parent interferes with custody and that quickly returning the child can positively impact the outcome of their case.
New Jersey courts generally view parental kidnapping as a severe violation of trust and are likely to adjust custody orders to protect the child's best interests. Offending parents can lose custody rights or face significant restrictions on visitation unless they can later prove a valid reason for doing so. New Jersey law also states that individuals convicted of parental kidnapping may be ordered to pay restitution to the other parent, such as all reasonable expenses and fees incurred to locate and secure the child's return.
Taking matters into your own hands and interfering with New Jersey custody arrangements will surely cause issues. Even if you plan to affirmatively defend your actions, emergency court orders and custody adjustments can impact your relationship with your children. The Lento Law Firm can assist whenever accusations of parental kidnapping come your way to protect your future and your family's future.
Affirmative Defenses to New Jersey Parental Kidnapping Accusations
Affirmative defenses help parents avoid conviction if their actions were taken with reasonable justification and meet the criteria set by existing custodial interference laws. New Jersey's parental kidnapping offers four distinct affirmative defenses that the Lento Law Firm can argue in your case.
Imminent Danger to the Child
One of the most important defenses parents can use relates to their belief that they acted to protect the child from immediate harm or danger. However, New Jersey parents must notify the authorities—such as the police, county prosecutor, or Division of Child Protection and Permanency (DCPP)—about the child's location within 24 hours of taking them.
Parental Consent
Parents can argue that they believed the other parent, or a state agency, consented to the child's relocation or detainment. For this defense, the more proof you have, the better. However, you may still face issues if your ex claims they revoked consent for short-term custody adjustments in a way that doesn't leave a paper trail.
Child's Volition
If a New Jersey child over the age of 14 voluntarily leaves the custody of one parent, the other parent may claim this as a defense, provided there was no coercion or intent to facilitate criminal activity.
Fleeing Domestic Violence
New Jersey parents who reasonably believe they are escaping imminent physical danger from the other parent may use this affirmative defense to protect themselves in court. Similar to the imminent danger defense, the law requires the fleeing parent to notify authorities or file for custody in court promptly.
Defending Your Actions with the Lento Law Firm
Affirmative defenses offer New Jersey parents a way to explain and justify actions that might otherwise result in criminal consequences. However, claiming these defenses and actually convincing courts of their validity are two different stories. For example, some parents might not know about the legal reporting requirement and instead focus on protecting themselves and their children from harm. Despite breaking the law by not contacting authorities, their actions still follow the spirit of the law. Believing that the legal system will empathize with your unique circumstance is a recipe for disaster, and you should never attempt to defend yourself from accusations as serious as parental kidnapping without experienced legal assistance.
The Lento Law Firm has represented many New Jersey parents who find themselves facing custody interference charges despite acting in the best interests of their children. You shouldn't go to jail or pay steep fines solely because of a slight misunderstanding or mistake. Call our experienced Family Law and Criminal Defense Teams today to learn how we can assist in your NJ parental kidnapping case.
Does Parental Kidnapping Only Apply to Biological Parents?
No, parental kidnapping laws in New Jersey are not limited to biological parents. New Jersey law specifically includes guardians and lawful custodians in its definitions. A lawful custodian refers to anyone granted legal authority over a child through a court order or recognized under New Jersey law. As such, New Jersey residents who can be charged under existing parental kidnapping charges include:
- Biological parents
- Legal guardians
- Adoptive parents
- Relatives with court-ordered custody
- Foster parents with legal custody rights
Parental kidnapping is a serious charge, and anyone facing years in prison should remain quiet and contact the Lento Law Firm before further incriminating themselves. Our Criminal Defense Team understands the risks of custody interference convictions in New Jersey and will explore all available defense options to protect your freedom.
Defend Against Parental Kidnapping in New Jersey with the Lento Law Firm
New Jersey courts craft and approve custody arrangements only if they are genuinely in the best interests of the involved children. This means that ignoring these arrangements is always a risky idea, as it flagrantly violates a settled court decision. Ideally, parents should go through legal channels to adjust custody arrangements if they believe their child is in harm's way. However, this is not always possible, often due to immediate risks of harm. If you are facing accusations of parental kidnapping in New Jersey, the Lento Law Firm wants to help.
Whether you aim to adjust existing custody arrangements or need to defend against criminal charges, the experienced attorneys at the Lento Law Firm can represent you from the outset of your case to maximize the chance of success. Call today at 888.535.3686 or contact us through our website to get started.
