Tag Archives: custodial interference

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

What Is Custodial Interference?

Custodial rights are established by law of the state to the person with primary or sole custody. This person has the right to accomplish many tasks and has the power/responsibility to engage in various activities with the child.

The other parent typically has visitation rights or a minor form of custody of the child. Any interference in these defined rights that causes issues or removes the child with a parental plan can lead to contempt of court or other various legal penalties. The custodial parent can contact the authorities for any illegal activities or petition the court if the noncustodial parent has violated these rights.

Types Of Custodial Interference

It is very possible to commit custodial interference that is either legal or against the custodial parent’s rights. For example, refusing to release the child back after a visit is considered interference. Limiting communication with the other parent is another form of interference.

The parent can also fail to return the child at a specified time, which can result in interference. Parents should never attempt to entice the child away from the custodial parent.

Valid Custodial Interference Examples

There are several actions one can take that interferes with the custody but is still within his or her legal rights. This can include protecting the child from the other parent, such as the use of violence against the use of violence.

Some situations may be outside the control of the parent, such as a special event that runs too long. These are valid custody interferences that the law provides for and typically cannot inhibit.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

• Class Four Felony: Interference by a non-parent.
• Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
• Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference – What Is It And What Are The Legal Consequences?” HG https://www.hg.org/legal-articles/custodial-interference-what-is-it-and-what-are-the-legal-consequences-51890