Mississippi parental kidnapping laws can be complicated to understand. Situations involving not having access to your children can be stressful and overwhelming, so trying to interpret laws is the last thing you want to do in that situation.
If your child has been forcibly taken or is being kept from you, you should contact an attorney. A family law attorney can help explain the laws around parental kidnapping and help you determine the best steps for your situation.
Jason Campbell is an experienced Mississippi family law attorney. Contact us today to learn more about how we may be able to help you.
What Is Parental Kidnapping?
Parental kidnapping can be difficult to define because there is no specific law about it. Kidnapping is taking a child from a parent without the consent of both parents. A parental kidnapping has no legal definition in Mississippi.
Kidnapping is a serious offense that can result in up to 30 years in prison. Kidnapping is typically defined as someone forcibly removing, holding, or imprisoning someone against their will. However, when one parent has the right to custody of a child, it can be complicated to determine when kidnapping has occurred.
The line between a custody violation and parental kidnapping can be difficult to determine. There are less serious charges for violating a custody agreement than kidnapping. Whether or not a parent is kidnapping a child would be determined by a Mississippi court.
Parental Kidnapping Prevention Act
While there are no specific parental kidnapping laws in Mississippi about parental kidnapping, there is a federal law to help parents in these situations.
The Parental Kidnapping Prevention Act is a federal law intended to discourage parents from taking their children out of state. Under this act, if a child is unlawfully taken out of state by one parent, state law enforcement agencies work together to get them back to the other parent.
Contact a Custody Attorney Today
Custody issues are serious, especially if your child has been taken or is being kept from you. You should not be kept from seeing your child if it violates your custody agreement.
When dealing with custody issues, it’s important to act quickly and work with an attorney you trust. At Campbell Law, we fight for our client’s rights and best interests and respond to all calls within 24 hours.
Contact us today to speak with Jason Campbell Esq and learn more about how we may be able to help you.
parental kidnapping frequently asked questions (FAQ's)
Is parental kidnapping a specific crime in Mississippi?
Mississippi does not have a crime formally titled “parental kidnapping,” but two statutes cover this conduct. Under Mississippi Code § 97-3-51, it is a felony for a noncustodial parent to remove a child under 14 from the state, or to hold the child out of state, in violation of a custody order and with intent to violate that order. Separately, Mississippi Code § 97-3-53, the general kidnapping statute, applies to forcibly seizing any child under 16 against the will of a parent or legal guardian, regardless of who commits it.
What is the penalty for a parent who unlawfully takes a child out of state in Mississippi?
Under § 97-3-51, a noncustodial parent convicted of removing a child under 14 from Mississippi, or holding the child out of state in violation of a custody order, faces a felony conviction punishable by a fine of up to $2,000, up to 3 years in prison, or both. If the conduct instead meets the elements of general kidnapping under § 97-3-53, penalties are far more severe: up to life in prison, or a sentence of 1 to 30 years if a jury does not fix a life sentence.
What is the difference between a custody violation and criminal parental kidnapping?
A routine custody violation, such as returning a child late from visitation, is usually handled in family court through a contempt motion. It becomes criminal when a parent removes or conceals a child out of state with the specific intent to violate a custody order (§ 97-3-51), or forcibly seizes a child against a guardian’s will in a manner that meets the elements of kidnapping (§ 97-3-53). Intent and the specific facts of the removal are what separate a civil enforcement issue from a criminal case.
Does this law only apply to noncustodial parents?
Section 97-3-51 specifically targets noncustodial parents and relatives who remove or hold a child out of state in violation of a custody order, and only applies to children under 14. The broader kidnapping statute, § 97-3-53, is not limited to noncustodial parents. It can apply to any person, including a custodial parent, who forcibly seizes a child under 16 against the will of the parent or guardian who has lawful custody.
What should I do if my child’s other parent took them without permission?
Contact local law enforcement and provide a copy of your custody order if you have one. Document the date, time, and circumstances of the removal. Contact a Mississippi family law attorney immediately to discuss emergency custody relief and whether the facts support a criminal referral under § 97-3-51 or § 97-3-53.
What is the Parental Kidnapping Prevention Act (PKPA)?
The PKPA is a federal law requiring states to honor and enforce valid child custody orders issued by other states, and it discourages parents from crossing state lines to avoid an unfavorable custody ruling. It works alongside state law, like Mississippi’s § 97-3-51, to help ensure a custody order made in one state is recognized and enforced elsewhere.
Can I lose custody rights for violating a custody order?
Yes. Beyond potential criminal exposure, a parent who violates a custody order by wrongfully removing or withholding a child can face contempt proceedings, and a court may modify custody or visitation based on that conduct if it is found to be contrary to the child’s best interests.
Do I need a family law attorney for a parental kidnapping situation?
Yes. These cases move on two tracks at once: the criminal process and the family court custody process. An attorney can pursue emergency custody relief, coordinate with law enforcement, and help enforce or modify your existing custody order so your parental rights are protected on both fronts.
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