Home FAQs How Is Custodial Interference Different Than Kidnapping?
How Is Custodial Interference Different Than Kidnapping? PDF Print E-mail
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There is a difference between these two crimes.  First of all, kidnapping is to seize and take away someone by force or fraud that may expose the other person to substantial risk of bodily injury.  Can you do this with a child that is naturally born to you?  Yes, this charge may occur if you have no visitation rights and are allowed no contact with a child yet you pick them up and take them away.  Custodial interference is different.  This would be where both parents are addressed on a court order as to visitation rights and limitations, but one of the parents goes directly against the order by knowingly moving or detaining their child in violation of a court order.  This may result in a charge of contempt of court which is punishable by incarceration of varying lengths but is also a Class E felony that carries a 1-6 year sentence range, whereas a conviction of kidnapping is a Class C Felony and will be a minimum of 3-15 years.  If you are a parent in a situation where you feel desperation as to your rights, then consult an attorney. 

The law office of Andrew Farmer is here to help, whether it is regarding family law matters or a criminal charge that you are facing.

 

 

State of Tennessee