---
title: "Can a parent be charged with kidnapping their own child in Rhode Island?"
description: "Yes, but it is unusual and usually wrong. Rhode Island has a separate statute - R.I.G.L. § 11-26-1.1, custodial interference - that is specifically designed for custody-dispute fact patterns. When a..."
url: https://bankandmunns.com/faq-items/can-a-parent-be-charged-with-kidnapping-their-own-child-in-rhode-island/
date: 2026-04-22
modified: 2026-04-22
author: "Bank and Munns"
type: avada_faq
lang: en
---

# Can a parent be charged with kidnapping their own child in Rhode Island?

Yes, but it is unusual and usually wrong. Rhode Island has a separate statute - R.I.G.L. § 11-26-1.1, custodial interference - that is specifically designed for custody-dispute fact patterns. When a parent takes, keeps, or hides a child in violation of a custody order, a pending custody proceeding, or the other parent's lawful custodial rights, the appropriate charge is custodial interference, not kidnapping. Prosecutors sometimes overcharge these cases as kidnapping to gain leverage, particularly in high-conflict divorces. A Rhode Island kidnapping lawyer who also understands the family court side of the dispute can often get the charge moved into the correct statute or dismissed entirely when the custody order is ambiguous. If you are in an active custody case, your criminal lawyer and your (https://bankandmunns.com/rhode-island-divorce-lawyer/) must be coordinating from day one.