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Florida Law and Parental Abduction

F.S. 787.03 Interference with child custody is the Florida statute that deals with parental abduction.

F. S. 787.03(2). In absence of the court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away the minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A subsequently obtained order for custody or visitation does not affect application of this section.

(4) It is a defense that:

(a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or incompetent person from danger to his or her welfare.

(b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence defined in s. 741.28, and the defendant had reasonable cause to believe that the action was necessary in order for the defendant to escape from, or protect himself or herself from, the domestic violence or to preserve the minor or incompetent person from exposure to domestic violence.

(c) The minor or incompetent person was taken away at his or her own instigating without enticement and without purpose to commits criminal offense with or against the minor or incompetent person, and the defendant establishes that it was reasonable to rely on the instigating acts of the minor or incompetent person.

(6)(a) The offenses prescribed in subsection (2) do not apply in cases where a person having a legal right to custody of minor or incompetent person is the victim of any domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare and seeks shelter from such acts or possible acts and takes with him or her the minor or incompetent person.

(b) In order to gain the exception conferred by paragraph (a), a person who takes a minor or incompetent person under this section must:

1. Within 10 days after taking the minor or incompetent person, make a report to the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of person taking the minor person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken.

2. Within reasonable time after taking a minor, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 USC s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.

3. Inform the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken of any changes of addresses or telephone number of person and the minor or incompetent person.

(c)1. The current address and telephone number of the person and minor or incompetent person which are contained in the report made to the sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution.

2. A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect and copy records made confidential and exempt under this paragraph in the furtherance of that agency’s duties and responsibilities.

What can you do it your minor child is taken by another parent as described above?

You should immediately notify the police, and fill out a report.

You should request an Amber Alert be issued for the child. FL has Amber Alerts wherein law enforcement puts out bulletins, notices, and alerts through the media and on the highway of parental abductions.

You can also request criminal charges be placed against the violator.

If this happens during a Orlando Marital & Family Law case, you can hire an attorney to request an Emergency Custody Pickup Order from a domestic judge. If the judge issues the order, then law enforcement can go pick the child up and bring the child to you.

If you have more questions regarding this, you can call Ann Marie Gilden at Ann Marie Giordano Gilden, P. A. at 407-732-7620 for an initial consultation.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.