TUCSON CRIMINAL DEFENSE ATTORNEY Interfering with another person's custody rights in Arizona can lead to serious consequences. Child custody can be both complicated and emotional. Loving parents, acting with their child's best interests at heart can come to find themselves in violation of the law and facing potentially serious consequences. The courts offer remedies for seeking or modifying orders regarding custody and parenting time, and it is important to follow the proper family law procedures to address child custody disputes or concerns. Arizona law aims to prevent "self-help" processes like withholding a child by one parent, or taking of a child out of state. Navigating child custody issues, especially once the courts have become involved can be quite complex. Consult with an attorney at Tucson Defenders to discuss some of your rights with regards to custody, as well as how to defend against an accusation or charge of custodial interference. Our office offers free consultations, and has experience with both criminal law and family law matters. What is Custodial Interference? Custodial interference happens when a person (often a non-custodial parent) attempts to disrupt the standard custody rights of a custodial parent to such a degree that causes problems. Depending on the severity of the disruptions, the disrupting parent may face a wide range of legal consequences. Under Arizona law, there are a few different ways in which a person can be guilty of the crime of custodial interference. Most commonly, people commit this crime when they, without any legal right, take or keep a child from the lawful custody of another person. Note that it can also apply to the taking/keeping of an incompetent adult, as well as from the lawful custody of an institution. NOTE: For a child born out of wedlock the mother is the legal guardian unless and until paternity is established. Some Examples of Custodial Interference In addition, a person can commit custodial interference if, without legal right to do so, the person: 1. taking or withholding a child from the other parent prior to the entry of a court order. 2. taking or withholding a child from the physical custody of the other parent when the two parents share joint custody. 3. intentionally failing to return a child to his/her lawful custodian after the expiration of access rights outside the State of Arizona. ARS 13-1302 is the Arizona statute that defines the crime of custodial interference as when a person, without any legal right, interferes with another person’s custody rights – either in relation to the custody of a child or an incompetent person. A violation of this law can lead to up to 8.75 years in state prison (the aggravated term for the most serious cases). Depending on the facts of a case, a violation of this section may be:
Custodial Interference will be filed as a Class 3 felony only where the defendant is someone other than a parent or custodian of the child (or an agent of a parent/guardian). It is a class 4 felony if the child or incompetent person is taken out of state by the parent/custodian. If a parent or custodian (or agent of a parent/custodian) takes or keeps a child from another parent/custodian within the state, it will either be a Class 6 felony or a Class 1 misdemeanor, only if the child is voluntarily returned within 48 hours without any harm Defenses to Custodial Interference Charges? Note that there are very few exceptions listed in in ARS 13-1302 that would allow for a parent to take or keep a child from a legal custodian, but there are a number of available defenses, including:
If you or a loved one has been arrested or charged with custodial interference, or a related offense in Arizona, contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney. Our office has experience handling family law matters, and can also assist with family law needs such as custody orders, child support, orders of protection, and more. CALL NOW 520-585-5757 RELATED ARTICLES: KIDNAPPING, CHILD ENDANGERMENT AND ABUSE, and INTERFERE WITH JUDICIAL PROCEEDINGS.
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November 2024
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