Understanding the Criminal Offense of Parental Kidnapping in Nevada

Nevada parents who share custody of a child with or without a court order need to know that the state has a parental kidnapping law that applies to many situations in which a parent takes or hides a child without the other parent’s permission. Potential criminal penalties apply under the kidnapping law, in addition to consequences under Nevada custody laws.
If you are a parent facing a possible kidnapping charge or a parent who suspects the other parent of taking or concealing a child, Las Vegas attorney Joseph Gersten can provide help for both the criminal charges and child custody issues. At The Gersten Law Firm, your first consultation is always free of charge.
Criminal Charges For Parental Kidnapping or Abduction in Nevada
Nevada criminal laws have extensive, complex provisions that apply to parental kidnapping, also called abduction or custodial interference. The statutory provisions, found at NRS 200.359, apply whether or not the parents have a court order relating to custody. Many different types of parental conduct may constitute a violation of the provisions, which is charged as a category D felony. A conviction results in potential prison time and fines.
The statute addresses situations in which a parent detains, conceals, or removes a child from a person having lawful custody or from the jurisdiction or the court, as well as relocation of a child without written consent of the other parent or court permission. The complex law applies in many different situations, prohibiting parental conduct that interferes with the custodial rights of the other parent. Criminal penalties under the statute are in addition to civil remedies that apply to violation of a child custody order.
The law does provide limited exceptions for conduct that otherwise would constitute kidnapping. The first exception applies to circumstances in which a parent’s actions arise from an imminent danger of abuse, neglect, or physical harm to the child. The second exception arises if a parent can demonstrate to the court’s satisfaction a compelling excuse for relocating with a child under the Nevada Parental Rights Protection Act.
Whether specific conduct constitutes a criminal offense is ultimately a question of law for a court to decide. If you are a parent considering action that may constitute a violation of the law, or you suspect the other parent has violated or may violate the law, you should talk with an experienced family law attorney at the earliest possible time. A lawyer can help you determine what options you have in the situation you face, both in the short term and the longer term, including under the state’s child custody laws. In the absence of special circumstances, law enforcement officers may not become involved unless there is a pickup order from the court, which requires filing a Motion for Return of the Child.
What Actions Can Constitute Parental Kidnapping or Abduction?
Many types of actions can constitute parental kidnapping or abduction under the Nevada criminal law provisions, even if a parent has legal custody rights under a court order or state law and even if the parents live together in a family home. It is important to remember that Nevada law establishes a presumption that parents have joint custody of a child even when there has not been a custody proceeding and no custody order is in place.
If married or unmarried parents live together in a family home, a disagreement over a child or another type of argument does not justify a parent taking a child out of the home without the other parent’s consent, unless the circumstances fall under one of the kidnapping exceptions. For parents not living together, violating the terms of a court custody order, refusing to return the child, or removing the child from the court’s jurisdiction or relocating the child without the necessary consent or permission may constitute parental kidnapping, abduction, or custodial interference.
A broad range of conduct may be considered by a court to constitute parental kidnapping. Generally, as the law states, if a parent’s conduct amounts to detaining, concealing, removing, or relocating a child without proper consent or permission, or if the parent otherwise interferes with the other parent’s legal rights to custody, the actions may constitute kidnapping under the criminal law provisions.
Beyond issues that arise under the criminal law provisions, conduct by one parent that may constitute kidnapping also may have significant implications for a child custody court proceeding or court order. If you are a parent facing any matter involving Nevada child custody laws, representation by a knowledgeable family law attorney is the best approach for protecting your legal rights and those of your child.
Schedule a Free Consultation With an Experienced Las Vegas Child Custody Lawyer
Experienced Las Vegas family law attorney Joseph Gersten assists clients with all matters relating to child custody, including issues relating to possible parental kidnapping or abduction of a child. He also handles criminal law matters, which is a significant benefit for clients if issues concerning parental kidnapping charges arise as part of a custody case.
The Gersten Law Firm does not charge for your initial consultation. We serve clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.