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Can I Be Charged with Kidnapping My Own Child?

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Can I Be Charged with Kidnapping My Own Child?


When it comes to our children, we are all intuitively possessive. Law and reason don’t always register when it comes to parental instincts. We feel responsible for them and many of us cannot accept having to answer to someone else regarding our role in their lives. For example, in cases of domestic violence or a contentious divorce, you may feel the need to protect your children by removing them from the situation. You cannot possibly be arrested or charged with kidnapping your own child, right?

Wrong. The truth is, the state of Nevada has very strict laws against kidnapping, even if the alleged kidnapper is the child’s parent or legal guardian. This means you can be charged with kidnapping your own child--even if they went willingly. If convicted of this category D felony, you will face significant penalties including a $5,000 fine and up to 4 years in prison.

What Constitutes Parental Kidnapping?

If a parent removes, conceals, or detains their own child from the other parent, this is known as parental kidnapping and is a punishable offense. When you share custody of your child with another person, you are both required to notify each other anytime something like this happens. Your child’s other parent has joint legal and physical custody of your child even if there is no legal decree stating as much.

Can My Charges Be Reduced?

Depending on the specifics of your case, the prosecutor may recommend the felony charge be reduced to a misdemeanor, which a judge will usually approve if your defense can prove the child was not harmed. This is also only successful if this is your 1st conviction for this offense. A reduced charge will bring it down to a misdemeanor, which results in up to 6 months in jail and up to $1,000 fines.

20+ of Experience & Success

When you enlist our services at the Law Offices of Kenneth A. Stover, you can rest assured you are aligning yourself with a top-rated and results-driven criminal defense attorney who will fight for you. Allow us to handle the complexities and challenges of your case so you can focus on moving forward.

If you are interested in scheduling an initial consultation with a representative of our Reno-based firm, call (775) 502-1575 at your earliest convenience.

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