Child Abduction

As described in Utah States Code “Ann. § 76-5-303, a person commits Custodial interference if they take their child when they don’t have legal authority to do so under the custody order the family law judge made. When facing parental child abduction charges in Salt Lake City Utah, focus in on the following legal areas:

• Why are you being accused and charged in the first place? – Couples; whether married, living together unmarried or living apart but still sharing responsibility for any children they conceived, sometimes don’t see eye to eye on their children. In some cases, one parent may want to spend more time with their child or children or want to take full custody of them. When done so outside any legal agreements, it could be looked at as Custodial interference when the children are taken without the other parent’s consent.
• What Utah law has to say about the subject – In Utah, Custodial interference is taken quite seriously, so it is important to get to the facts of the case.

There are affirmative defenses available in Custodial interference case. If you keep your child because you believe they are subject to abuse and you report the abuse to the Division of Child and Family Services. It is also a defense if the other parent or guardian consented to you taking the child.

The bottom line when facing parental kidnapping charges is to have the best Salt Lake City legal counsel on your side.