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Parental Kidnapping
What can the court do if the other parent denies or interferes with my visitation or custody rights?
If the judge determines that the other parent has unreasonably denied or interfered with your visitation granted by a custody or visitation order, the judge can take any of the following actions against the other parent:
- order that your visitation be rescheduled;
- change (modify) the visitation or custody order to make sure that the other parent obeys the order in the future; or
- make the other parent pay your court costs or attorney’s fees.1
1 MD Code, Fam. Law § 9-105
If I think that the other parent may kidnap my child, is there anything I can do?
If you have evidence the other parent is planning to take your child from you in violation of your court-ordered custody or visitation rights, you can try to get back into court to bring this to the judge’s attention. Please talk to a lawyer about what type of legal motion you should file. If you do not have a custody order, you may want to go to court to file for temporary emergency custody – if the judge thinks that the child is in danger, you may be able to get an immediate custody order.
If the other parent has taken the child away from you and won’t allow you access to the child, that parent may be guilty of a crime in certain circumstances. According to Maryland’s parental kidnapping law, a “relative of the child” may not:
- kidnap, take, or carry away a child under the age of 16 years from the child’s “lawful custodian;”
- keep the child in his/her possession from more than 48 hours after you demand that the child be returned to you;
- hide the child within the state knowing that another relative took possession of the child in violation of the law; or
- help someone else do something that violates this law.1
The child’s “lawful custodian” is a person who is authorized to have custody and control of the child, and the “relative” who is committing these acts may include the other parent, a sibling, grandparent, aunt, or uncle.1 We strongly suggest that you consult with a lawyer to figure out if the other parent’s actions would be considered a violation of this law. Go to our MD Finding a Lawyer page for legal resources.
The penalties for parental kidnapping are different based on how long the child is kept away and whether the child is moved within the state, out of state, or to another country.2 Go to our Selected Maryland Statutes page to read more about penalties for parental kidnapping.
1 MD Code, Family Law §§ 9-304; 9-301
2 See MD Code, Family Law § 9-307
If I just fled to Maryland with my child, can I get temporary emergency custody?
A judge may grant temporary emergency custody without the other parent being notified ahead of time in extreme situations. If you and your child have just arrived in Maryland from another state, you will need to prove to the judge that temporary custody is necessary in an emergency to protect your child because you, your child, or your child’s sibling has experienced, or is being threatened with, mistreatment or abuse.1 You may also be able to get temporary custody as part of a domestic violence protective order.2
1 MD Code, Fam. Law § 9.5-204(a)
2 See MD Code, Fam. Law §§ 4-504.1; 4-505; 4-506
