When I first came here and I said that if a parent took off with a child and even crossed state lines without permission of the other parent then it was kidnapping and everyone here that replied insisted repeatedly that a parent can not kidnap their own child. I need to know if it is not kidnapping why are many of the kids on the missing kids sites with last seen with and a pic of their father or their mother.
If it is not kidnapping what is it considered?
What can they be charged with if anything?

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Originally Posted by N0help4u

When I first came here and I said that if a parent took off with a child and even crossed state lines without permission of the other parent then it was kidnapping and everyone here that replied insisted repeatedly that a parent can not kidnap their own child. I need to know if it is not kidnapping why are many of the kids on the missing kids sites with last seen with and a pic of their father or their mother.
If it is not kidnapping what is it considered?
What can they be charged with if anything?

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I wonder if it's a matter of sole custody vs joint custody? Good question... and I don't know.

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Originally Posted by JudyKayTee

I wonder if it's a matter of sole custody vs joint custody? Good question ... and I don't know.

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When I was asking I tried bringing up that distinction but others just kept replying a parent can not kidnap their own kid.

Found this on the FBI site regarding kidnapping by a parent. I don't know if this answers the question - or raises more quesitions!

"How is a missing child defined? By law (specifically the 1982 Missing Children's Act), it's any person younger than 18 whose whereabouts are unknown to his or her legal custodian. Under the act, the circumstances surrounding the disappearance must indicate that the child was removed from the control of his or her legal custodian without the custodian's consent, or the circumstances of the case must strongly indicate that the child is likely to have been abused or sexually exploited.

Options under the law. Two federal criminal investigative options and one non-criminal or civil method may be pursued when a child is abducted by a parent and taken over state lines or outside the U.S.

The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S. without the other custodial parent's permission.
Unlawful Flight to Avoid Prosecution (UFAP)—Parental Kidnapping: When criminal charges are filed by a state that requests our help, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally.
The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries.

If the two parents are still married and there has been no custody agreement then both parents have equal rights to the child.

It is after they go to court and one gets full custody of the other, then it can be either interfering with custody and/or kidnaping. Depending on the exact way it happens.

JKT It helps some thanks.

Fr_Chuck that is basically what I was trying to say and everybody kept telling me a parent can not kidnap their child