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Parental Child Stealing - California's Legislative Response

NCJ Number
74911
Journal
Canadian Criminology Forum Volume: 3 Issue: 1 Dated: (Fall 1980) Pages: 37-43
Author(s)
M W Agopian
Date Published
1980
Length
7 pages
Annotation
This article examines the dimensions of parental child stealing and describes California's legislative response to the problem.
Abstract
Child stealing is the act of a parent or individual taking, abducting, or detaining a child from the other parent or guardian who has lawful custody or control over the child. The exent of child stealing can only be crudely estimated because law enforcement agency data are incomplete. Currently, available data show about 1 child theft for every 22 divorces. Prior to July 1, 1977, California law had provided that the father and mother of a legitimate unmarried minor child were equally entitled to custody, services, and earnings. Because parents had equal rights, neither parent was in violation of the law, civil or criminal, by taking and concealing the child in the absence of a court order giving custody to a particular parent. On July 1, 1977 the California legislature transferred child stealing from the civil to the criminal jurisdication and toughened sanctions and legal procedures dealing with child stealing. This California legislation is a significant effort toward clarifying numerous legal discrepancies and oversights wich have prompted parents to employ child stealing as an extra-legal method of securing their children. Although the laws fail to categorically address every possibility of child stealing by parents, they can be viewed as a major contribution to the reduction of this growing national problem. A total of 35 notes is included.

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