If you’ve been charged with parental kidnapping in Florida, you need to act fast. Under Florida Statute 787.03, parental kidnapping — also called interference with custody — is a third-degree felony that can mean up to five years in prison, five years of probation, and a $5,000 fine. Many parents are shocked when they’re arrested over a custody dispute, but Florida law treats these cases seriously regardless of your intentions toward the child.
You do not have to navigate this alone. The right defense strategy can make a significant difference in the outcome of your case.
What is Parental Kidnapping in Florida?
Florida groups kidnapping and custody offenses together under Chapter 787 of the Florida Statutes. The general kidnapping statute covers forcible or secretive confinement against someone’s will. Parental kidnapping falls under the separate interference with custody statute.
Under Statute 787.03, you can be charged with parental kidnapping in Florida if you take, detain, conceal, or entice away a minor without lawful authority — even if you are the child’s parent. The law applies in two key situations: when you take a child from a lawful custodian without consent, and when there is no custody order in place but you act with malicious intent to deprive the other parent of their custody rights.
One detail many parents miss: a custody order obtained after the fact does not erase your exposure. Under Florida Statute 787.03(3), a subsequently obtained court order for custody or visitation does not affect whether the parental kidnapping in Florida law applies.
A related offense under Florida Statute 787.04 makes it a separate felony to remove a minor from Florida in violation of a court order. If you took your child out of state, prosecutors may pursue both charges.
Florida Statute 787.03 — Interference with Custody ▼ Read the statute
Whoever, without lawful authority, knowingly or recklessly takes or entices any minor or incompetent person from the custody of the minor’s parent, guardian, or any other lawful custodian commits a felony of the third degree. A parent who takes, detains, conceals, or entices away a minor with malicious intent to deprive another person of custody rights also commits a third-degree felony. A subsequently obtained court order for custody or visitation does not affect application of this section. Read the full statute →
Florida Statute 787.04 — Removing Minors from Florida ▼ Read the statute
It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of Florida, or to conceal the location of a minor. A violation is a felony of the third degree. Read the full statute →
Penalties and How Parental Kidnapping Affects Your Custody Rights
Interference with custody is a felony of the third degree in Florida. A conviction carries up to five years in prison, five years of probation, and fines reaching $5,000. For most parents, the criminal penalties alone are devastating — but the fallout does not stop there.
A felony conviction or even an arrest on a parental kidnapping charge can seriously damage your standing in family court. A judge handling your time-sharing schedule will factor in any criminal history involving the child. What started as a custody dispute can quickly cost you the very parental rights you were trying to protect.
Beyond the criminal penalties, a felony record can affect your job, housing applications, and professional licenses. Criminal records are accessible to background-check services for years to come.
How an Orlando Criminal Defense Lawyer Can Help You Fight These Charges
Florida Statute 787.03(4) lists specific statutory defenses that a skilled criminal defense lawyer in Orlando can raise on your behalf. Understanding these defenses is the first step toward building a strong case.
Danger to the child’s welfare. If you had reasonable cause to believe your child was in danger — whether from abuse, neglect, or a threat from the other parent — the law recognizes that as a defense. Documenting that belief with medical records, police reports, or witness statements is critical.
Domestic violence exception. Florida Statute 787.03(6) specifically protects parents who are victims of domestic violence or who have reasonable cause to believe they were about to become a victim. If you took your child to escape abuse, your attorney can use this provision — but strict reporting requirements apply. You must notify the sheriff’s office or state attorney’s office within 10 days and begin a custody proceeding consistent with the Uniform Child Custody Jurisdiction and Enforcement Act.
Challenging intent. Without clear evidence of malicious intent to deprive the other parent of custody rights, the prosecution’s case weakens. Your attorney can argue that your actions were misunderstood, that there was no court order in place, or that the situation was more ambiguous than the charges suggest.
Florida Statute 787.03(4) — Statutory Defenses ▼ Read the statute
It is a defense that: (a) the defendant had reasonable cause to believe the action was necessary to preserve the minor from danger; (b) the defendant was a victim of domestic violence or had reasonable cause to believe they were about to become a victim, and the action was necessary to escape or protect the minor from that violence; (c) the minor was taken away at their own instigation without enticement and without purpose to commit a criminal offense. Read the full statute →
Beyond statutory defenses, your Orlando criminal defense attorney can investigate how the evidence was gathered, challenge witness credibility, and negotiate with the state attorney’s office for reduced charges or diversion where appropriate. Every case is different, and early intervention gives you the best chance at a favorable outcome.
If you are facing related charges such as child abuse or neglect or violation of an injunction, those charges may run alongside a parental kidnapping case and require coordinated defense strategies.
Call 407‑644‑2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
Frequently Asked Questions
Can a parent be charged with kidnapping their own child in Florida?
Yes. Under Florida Statute 787.03, a parent can be charged with interference with custody — which Florida treats as parental kidnapping — if they take or conceal a child without lawful authority or with malicious intent to deprive the other parent of custody rights. The fact that you are the child’s biological parent does not automatically protect you from arrest or prosecution.
What is the penalty for parental kidnapping in Florida?
Parental kidnapping in Florida, charged as interference with custody under Statute 787.03, is a third-degree felony. A conviction can result in up to five years in prison, five years of probation, and a fine of up to $5,000. A conviction also tends to harm your position in any ongoing or future family court proceedings regarding time-sharing and custody.
What defenses are available for parental kidnapping charges in Florida?
State law provides several defenses for parental kidnapping in Florida cases, including a reasonable belief that taking the child was necessary to protect them from harm, a domestic violence exception for parents escaping abuse, and challenges to the prosecution’s evidence of malicious intent. An experienced Orlando criminal defense lawyer can review the facts of your case and identify which defenses apply to your situation.
Jose Rivas has litigated thousands of criminal cases and frequently serves as a legal analyst for both local and national media networks. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.