Get Custodial Interference - Pima County Attorney

§13-1302, Custodial Interference occurs when a person who knows or has reason to know that they have no legal right to do so, takes custody of a child from another person who is either incompetent or who is entrusted to have lawful authority to have custody of the child (i.e., a school teacher).

Legal custody rights allow a parent to make major life decisions on behalf of the child. These decisions typically concern important aspects of the child's health, safety, and welfare, such as schooling decisions, medical care, and what type of religious instruction the child receives.

When one parent partakes in custodial interference, they are committing a crime and can be charged with a misdemeanor or felony. Custodial interference is punishable by jail time, however, penalties and consequences differ by the situation.

It gives us a better idea of what can be considered parental kidnapping in Arizona: If a parent takes, entices, or withholds the child from the lawful custodian. ... If a parent intentionally fails or refuses to hand over the child to the lawful custodian, or obstructs the child's return to that custodian.

Custodial interference is a crime in most states and can be punishable by jail time. Depending on your state's laws, different circumstances can bring varying charges and different penalties. For example, some states treat custodial interference as a misdemeanor unless the child was removed out of state.

§ 11.405 Interference with custody. ... A person commits a misdemeanor if he or she knowingly or recklessly takes or entices any child under the age of 18 from the custody of his or her parent, guardian or other lawful custodian, when he or she has no privilege to do so.

One example would be a custodial parent refusing to let the child answer calls from the non-custodial parent. If the non-custodial parent has visitation rights, which they often do, and the custodial parent refuses to abide by the visitation schedule, the custodial parent could be held in contempt of court.

Custodial interference falls into the same part of the Tennessee Criminal Code as kidnapping, but they're entirely different charges. ... But custodial interference is a Class E felony with a maximum sentence of six years, whereas kidnapping is a Class C felony and can land you in prison for up to 15 years.

Generally, interference with custody is a Class A misdemeanor. The penalties for a Class A misdemeanor include up to one year in jail and a fine of up to $2,000. If the person takes or entices the individual out of state or detains the child in another state, interference with custody is a Class E felony.