When Tennessee Custody Disputes Turn into Kidnapping Charges

 Posted on August 30, 2025 in Assault

When we think of kidnapping, most of us think of a violent abduction by strangers. Across the nation and in Tennessee, kidnapping charges (Section 39-13-303 – Kidnapping) can arise in much more personal settings. Custody disputes between parents can result in scenarios that can quickly cross the line into criminal behavior. Parents who are in the middle of sticky family situations need to understand how kidnapping statutes could apply.

The legal definition of kidnapping in Tennessee involves the unlawful removal or confinement of another person. When a court has issued orders regarding the custody of a child and one parent disregards those orders, kidnapping charges are a possibility. Perhaps you are a parent facing kidnapping charges.

You may have deliberately taken your child out of the area because you were angry with the court order, or you may not even have realized you were doing anything wrong. Either way, kidnapping charges in Tennessee are very serious and require speaking to an experienced Knoxville, TN criminal defense lawyer.   

What Are the Three Levels of Kidnapping in Tennessee?

There are three types of kidnapping in the state, including:

• False Imprisonment, a Class A misdemeanor, involves knowingly restraining another person in an unlawful manner.
• Kidnapping, the unlawful removal or confinement of another person that exposes that person to the risk of harm, is a Class C felony.
• Aggravated kidnapping adds elements like a ransom demand, a victim under the age of 13, or the use of a deadly weapon, and is a Class B felony.

Depending on the circumstances, parental situations can fall into any one of these categories, and the category can determine the penalties. A conviction can bring jail time, probation, fines, loss of parental rights, and even prison time. A kidnapping conviction, even when it involves one’s own child, can make it difficult to obtain employment or even rent an apartment or home.

What is Parental Kidnapping?

When parents share custody and have a parenting plan and custody agreement, removing a child outside the agreed-upon schedule is likely to cause problems for the other parent. Taking a child out of state – or out of the country - without the other parent’s knowledge or consent can elevate the situation. International kidnapping charges are much more severe.  While courts generally view custody violations differently from kidnapping, prosecutors can and do file kidnapping charges against parents.

Custodial interference laws specifically criminalize violating a court order by withholding a child from the other parent; however, the circumstances are crucial in determining the charges. For example, there is a difference in a parent being half an hour late in returning a child after visitation and flat-out refusing to return the child at all. While a parent may feel justified in refusing to return his or her child, the court may look at it very differently.

What Are Some Common Defenses to Parental Kidnapping?

Although the circumstances will determine how a criminal defense attorney will approach parental kidnapping charges, some of the most common defenses to parental kidnapping include:

• There was no intent; the parent did not deliberately or knowingly violate custody terms.
• The matter is a civil rather than a criminal dispute and should be in family court rather than in criminal court.
• The parent took the child to protect him or her from imminent harm.
• The custody order had been changed, was vague, or unclear.  

Contact a Blount County, TN Kidnapping Lawyer

The line between a custody dispute and a kidnapping charge can be very fuzzy. Parents who believe they are acting in their child’s best interests could find themselves facing felony charges. You must speak to a knowledgeable Maryville, TN criminal defense attorney from The Baker Law Firm when facing such serious charges. Attorney Baker will advise you on the best steps you can take to achieve your goals as he advocates for you both inside and outside of the courtroom. Call 865-200-4117 to schedule your free consultation.