In Maryland, it is against the law for a non-custodial parent to fail or refuse to return a child (or children) to the parent who has custody. This can generally be called “unlawful retention” of a child. Unlawful retention is a violation of Section 9-304 of the Maryland Family Law Code. It is classified as a form of abduction and kidnapping. A violation of the statute occurs if the child is under the age of 16 and the non-custodial parent refuses or fails to return the child or otherwise detains the child for more than 48 hours after the lawful custodial parent demands that the child be returned. If you need legal advice and guidance with respect to child custody, contact us here at the Law Office of Robert Castro. We are a Child Custody and Divorce Law firm in St. Mary’s County, Maryland.

Section 9-304 also makes it unlawful to

Abduct, take, or carry away the child from the lawful custodian to a place within this State

Harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this section and

Act as an accessory to any of the acts described above

Note that Section 9-304 deals with situations where a child is taken, retained, or hidden within the State of Maryland. The next statutory section — Section 9-305 — makes it unlawful to take, retain, or hide a child in another State or overseas.

In Maryland, unlawful retention of a child beyond the time required for return is also unlawful because it is likely a violation of the divorce court’s Order with respect to custody and visitation. Court Orders are commands with binding legal force. Violating a court order can subject a person to jail time if the person is found to be in contempt of court.

What if there was an emergency?

Detaining a child beyond the time required for return to the custodial parent might be excused in a situation of emergency. If the custodial parent concurs that there was an emergency, likely, nothing will result from the unlawful retention. This is simply the practice result of the custodial parent not bringing the unlawful detention to the attention of the court or law enforcement. However, if the matter is brought before the Maryland divorce court, the ultimate decision lies with the judge.

What if there were “good reasons” for detaining the child?

Unlawful retention of a child can be excused under some circumstances where a non-custodial parent has reasons to believe that there was a clear and present danger to the health, safety, or welfare of the child. This legal standard could be met under various types of circumstances involving the custodial parent, including abuse, threatened abuse, criminal behavior, incapacity, and more.

To avail oneself of this exception, certain procedures are required. See Md. Fam. Code, § 9-306. The procedure involves filing a Petition in the relevant county court — within 96 hours of the unlawful retention — that states that the retention of the child was done because of a clear and present danger and seeks to revise, amend, or clarify the custody order. If this procedure is followed, then such will be considered a legal defense to any charge or action related to unlawful retention of a child.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.