Salt Lake County Parental Kidnapping Attorney
We Act Fast to Protect Your Child & Your Rights
At Eric M. Swinyard & Associates, PLLC in South Jordan, Utah, we understand the tragedy of parental kidnapping. We know how desperate you are to get your children back safely and how urgent the case is. Our Salt Lake County parental kidnapping lawyers are experienced, compassionate, knowledgeable, and resourceful. Our family law team is eager to serve you in your time of need.
Contact us at (801) 515-4133 today so we can begin helping you get your children back.
Understanding Child Custody & Parental Kidnapping Laws
Child custody matters in Utah are emotional and trying times for parents going through family matters, but nothing is more emotional than when the parent without a custody order kidnaps or abducts a child. Parental kidnapping or parental abduction of a child occurs more than you may think, and child abduction laws in Utah are more complex than you may think, too.
At Eric M. Swinyard & Associates, PLLC, we understand the complexity and nuances of the parental child abduction laws and can help you through this process until your child is home safe with you. This means explaining how to file parental kidnapping charges among other things.
Hear From Our Happy Clients
At Eric M. Swinyard & Associates, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Eric did an awesome job.
Eric did an awesome job for my heavily contested custody case. Each of the professionals we worked with seemed to speak very ...
Gavin S. -
I would definitely refer them to others for any legal needs!
I worked with Eric and his team during a stalking case. They were awesome to work with! They kept me informed and comfortable ...
Mallory H. -
He is very prompt with his responses to emails and phone calls which makes the process less stressful.
Eric was very knowledgeable about the process and explained the options available without pressuring me into something I was ...
Amy Lee -
He handled all matters promptly and thoroughly. He cares deeply about his clients and makes sure their needs are fully understood.
Eric is an outstanding attorney. He handled all matters promptly and thoroughly. He cares deeply about his clients and makes ...
Thomas M. -
I have had an absolutely positive experience through and through with them. They’re professional, empathetic, and ethical. I wish I could give more than 5 stars.
It takes a lot to say that you love the experience you had with your lawyer, but it’s true. Ryan Ficklin is awesome. Eric ...
Nicolle G. -
Highly recommend Eric and Preston without reservation. Their fees are more than reasonable and their service more than expected.
Very professional and represented both parties fairly. At the end of the day, we received such empathy and understanding at a ...
Bart -
This was all so stress free. I’m extremely great full for Preston and his staff for putting forth all the time to help me out!
Guys! I had THE best experience! I had NO idea how to file for my divorce but Preston was amazing, very patient and made sure ...
Dalisa -
I couldn’t be more pleased with the results and would definitely recommend Eric to anyone looking for a fantastic lawyer and a great price. You won’t be disappointed.
Eric is amazing! I have worked with several lawyers over the years and Eric is the first I have felt actually cared about my ...
Logan
What Is Parental Kidnapping?
Parental kidnapping, also known as parental child abduction, according to the Utah Department of Public Safety, occurs when a parent or a family member with no custody order takes, retains, and/or conceals a child to whom they are related.
This is custodial interference, which is a class A misdemeanor in Utah unless the child is taken across Utah state lines, in which case it is a felony in the third degree. Custodial interference is an offense defined by Utah Code Ann. § 76-5-303.
When Is it Considered Kidnapping by a Parent?
According to the state of Utah’s code on custodial interference, kidnapping by a parent occurs when a person without a custody order “takes, entices, conceals, or detains a child” without good cause from his or her “parent, guardian, or other lawful” custody agreement.
The child must be under the age of 16 and the alleged kidnapper must:
- Know he or she has no right to take the child; and
- Intend “to hold the child for a period substantially longer than [sic] the visitation or custody period previously awarded by a court of competent jurisdiction.”
In other words, a parent can be found guilty of kidnapping (or custodial interference) when he or she knowingly takes a child under the age of 16 for a longer period of time than what a custody agreement permits.
Can a Parent Legally Keep a Child from the Other Parent in Utah?
Generally, the answer would be no so long as there is a custody order or agreement in place. If there is no custody order or if your child is under your control and custody, then you can keep the child from the other parent. If there is a custody order, then you must show good cause for keeping the child from the other parent when he or she is legally allowed custody of the child, but you may still suffer consequences of violating the terms of the custody order or agreement.
Is it Kidnapping to Take a Child Over State Lines?
Taking a child over state lines may or may not be considered parental kidnapping; it depends entirely on whether or not the non-custodial parent or relative has visitation privileges at the time and how long they intended to have the child in their care. For example, a parent with joint custody may decide to take the child to an amusement park in another state when it is their turn to have the child stay with them. This would probably not be a case of parental kidnapping. However, if a parent who does not have custody privileges takes their child over state lines, even for a fun trip, it might be considered parental kidnapping if they did not get the express consent of the primary custodian.
