Parental kidnapping in Wisconsin is charged as interference with custody under Wis. Stat. § 948.31, which is a felony. It can apply when a parent hides a child from the other parent, takes a child in violation of a custody order, or keeps a child beyond court-ordered placement time. The exact charge depends on the facts.
Parental kidnapping in Wisconsin is a felony when a parent intentionally hides a child from the other parent. It is also a felony to violate a custody or placement order by taking a child or keeping the child beyond the court-approved placement time. Penalties can include prison, fines, or both, and the court can order the parent to repay the costs of finding and returning the child.
A custody order is not always required. Once a divorce, paternity, or other family court case has started and a parent has been served, taking the child to deprive the other parent of custody can be a crime even before any custody order exists. Keeping a child from the child’s parents without consent can also be charged in some situations when no order is in place.
Wisconsin law recognizes defenses, including acting to protect the child or yourself from a reasonably believed threat of physical harm or sexual assault, and having the other parent’s consent. A parent who raises a defense must prove it.
If your child has been taken or hidden, call local police and have your custody order ready. Ask an attorney about filing for emergency custody in Wisconsin, and read what to do when your ex violates a custody order. Our Wisconsin child custody guide covers custody rights in more detail.
Renier Hotopp Law Offices handles Wisconsin child custody cases involving parental kidnapping in Wisconsin, including emergency motions to return a withheld or concealed child. Read more about the firm.
