When you have primary custody of your children, you usually don’t need permission to take them out-of-state for vacations or to visit relatives. However, if you want to move to another state with them, it gets more complicated because you run the risk of being charged with custodial interference. In some cases, you may not be guilty of custodial interference because it depends on the status of the custody determination or custody agreement.
Is it Kidnapping?
When you take your children to another state, it could be considered kidnapping if the custody agreement prohibits you from doing so or if an agreement is still pending. Kidnapping your child, which is legally called custodial interference, is a criminal offense that could result in being charged with a felony. While your divorce attorney could help you determine if taking your child out of the state could be considered custodial interference, if you are charged, you need to hire one of the criminal attorneys in Fargo, ND for help.
Punishment for Interference
It is considered custodial interference if you purposely take your child out-of-state in violation of the custody agreement. This crime is considered a class C felony, which, if you are found guilty, could mean as much as five years in prison, a fine of up to $10,000, or both. However, if the custody agreement makes no stipulation about taking your children out-of-state, then criminal attorneys could make a case for it not being custodial interference.
As Fargo criminal attorneys could tell you, it is usually considered interference if there is an intent to keep the child from the other parent. If that is not the case and you are charged with criminal custodial interference, you need to hire one of the criminal attorneys in Fargo to represent you right away so you don’t go to prison.
