Child Abduction unit FAQs

WE ARE NAPA COUNTY

District Attorney's OfficeGary Lieberstein, District Attorney

Gary Lieberstein

Child Abduction Unit

Purpose  and Frequently Asked Questions
The Napa County District Attorney's Office Child Abduction Unit was formed in response to a State mandate established in 1977. The District Attorney's Office mandates are outlined in California Family Code Sections 3130 - 3131.
Family Code Section 3130 provides that, in some cases where there is an order to appear for purposes of adjudication of custody, the District Attorney shall take all actions necessary to locate the party and the child and to procure compliance with the order to appear with the child.
Family Code Section 3131 provides that, in cases where an order exists and the child is taken or detained by another person in violation of the order, the District Attorney shall take all actions necessary to locate and return the child and the person violating the order and assist in the enforcement of court orders through civil or criminal proceedings.
The responsibilities of the Napa County District Attorney's Office Child Abduction Unit includes the following: 1. Locating and recovering abducted children. 2. Enforcing child custody and visitation orders. 3. Prosecuting crimes involving child abduction, detainment, and concealment.* 4. Returning recovered children to their legal custodian.
*Prosecution of the abductor is considered on a case by case basis. If the case is prosecuted, the left behind parent is considered the victim/witness. The District Attorney's Office will prosecute the abductor on behalf of the State of California. The District Attorney represents the People of the State of California and the Superior Court and is forbidden by law from representing either party in a child custody and/or visitation dispute.

FREQUENTLY ASKED QUESTIONS

What if I don't have a custody decree or visitation order?
How do I obtain a custody decree or visitation order?
What if I have reason to believe that my child may be endangered if left with the other parent?
Are visitation/custody rights directly related to the payment of child support?
What should I do to prepare, just in case my child is abducted?
What if my child is abducted by a stranger or someone without custodial rights?
Who do I call if I have more questions?