Florida Laws for Kidnapping by a Parent

Florida child custody laws supplement the federal Parental Kidnapping Prevention Act and the Uniform Child Custody Jurisdiction and Enforcement Act.

Florida statutes prohibit a person from taking custody, concealing, detaining or enticing a minor child away for the purpose of intentionally and maliciously depriving a spouse of child custody. Anyone doing so is guilty of violating Florida and federal laws.

Child Custody Orders

Under Florida law, a spouse without a valid custody order who takes custody of a child for the purpose of denying custody to the other spouse commits the crime of parental kidnapping. Even when there are two conflicting child custody orders in effect, a spouse can't intentionally deprive the other spouse of custody or visitation of a minor child.

Laws and Penalties

Florida Statutes, Section 787.04 prohibits a spouse from taking a minor child out of the state of Florida while a child custody case is pending. Without a valid child custody order, violation of the parental kidnapping law or interference with a child custody order is a third degree felony.

Legal Defenses

A spouse taking custody of a child for the purpose of preventing child abuse is exempt from the parental kidnapping law. To present this as a defense, the parent must file a report with the local sheriff's office or Florida attorney general's office within 10 days after taking custody of the child (Florida Statutes Section 787.03(6)(a)).

References

• Florida Statutes: Section 787.03
• Florida Statutes: Section 787.04