There are many good sources of information available on the Internet to help custodial parents deal with abduction of children by the non-custodial parent. In Michigan, the parental kidnapping statute states that if a parent keeps the child from the other parent more than 24 hours after the child was supposed to be returned, then that is parental kidnapping, which is a felony bearing up to 1 year and a day sentence in prison.
See the following resources that will help families and their lawyers understand the laws and resources available to them:
When Your Child is Missing: A Family Survival Guide: Published by the Office of Juvenile Justice and Delinquency Prevention, this guide was written by parents and family members who have experienced the disappearance of a child. It contains their combined advice concerning what you can expect when your child is missing, what you can do, and where you can go for help. It explains the role that various agencies and organizations play in the search for your missing child and discusses some of the important issues that you and your family need to consider.
The statute does not require that a parent be formally served with a custody order before that parent can be charged with parental kidnapping. People v McBride, 204 Mich App 678, (1994). It only requires that a valid court order giving the party from whom custody or parenting time is in existence when the child is taken. In People v Reynolds, 171 Mich App 349, (1988), there was no custody or parenting time order with regard to the child, so the father could not be charged under the statute for taking the child from the maternal grandfather, who was baby-sitting. The father could, however, be charged for taking the child from the baby-sitter, who had lawful charge of the child at the time of the taking. Download Michigan_v_Reynolds
Today, Reynolds would be decided differently because Mr. Reynolds had no right of custody under a court order and the acknowledgment of parentage grants initial custody to the mother until the father takes formal action to obtain rights under a court order.
See Michigan's parental kidnapping statute here: Download MCL-750-350a (Valid until April 1, 2013) Note that the law has been amended, effective April 1, 2013 to provide for a deferred sentence. Download MCL-750-350a-amended-Eff. April 1, 2013 Also note that it is a complete defense under this section if a parent proves that his or her actions were taken for the purpose of protecting the child from an immediate and actual threat of physical or mental harm, abuse, or neglect.
You'll find many other valuable resources on my website http://parental-kidnapping.com. If your child is missing, please contact me to see if I can assist you or your attorney in recovery. I've consulted in many interstate parental kidnappings -- 7 in the past 12 months alone -- and can walk your attorney through the process even if Michigan is not one of the states involved. You can email me [email protected] or call me at 231-649-2140.
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