Legal Information: Delaware

Parental Kidnapping

Updated: 
October 26, 2018

If the other parent takes the kids out of state without my permission, could that be considered kidnapping?

It depends.  If the other parent takes the children out of state or somewhere else in the state in violation of your rights to custody or visitation under a court order, you may be able to file a petition for contempt of court.  If the other parent purposefully attempts to deny you your custody or visitation rights under a court order, you may want to ask an attorney whether or not it may be considered parental kidnapping, known as interference with custody under Delaware criminal law.  To find a lawyer, go to our DE Finding a Lawyer page.  If you are currently involved in a divorce case with the child’s other parent, please see If I am getting divorced, can I take my kids out of the state?