Custodial interference is a legal term. It is used to describe what happens when a parent or guardian attempts to disrupt or violate the custody rights of a parent to the point where it causes problems. In cases where these disruptions are severe, such as kidnapping, there can be serious legal consequences.
Many times, when custodial interference is brought up, there will not be any arrests made, as long as it is not severe. Problems can sometimes be worked out between the parents. Other times, it might have to go to court. When you file a police report or call the police and claim custodial interference, though, the police are required to investigate.
Understanding Custodial Interference
When a person has custody of a child, they have certain responsibilities and can engage in a range of activities on behalf of and with the child. These rights are typically given to someone with primary custody of the child. The other parent will typically have visitation rights or a minor form of custody. If there is any interference with the rights of the parents, it could lead to contempt of court in a civil matter. This is called custodial interference when it becomes a criminal matter. If a parent violates the parental plan, the other parent can contact law enforcement.
Many types of custodial interference can occur against the rights of the custodial parent. For example, a noncustodial parent with visitation rights might refuse to let the child go back to the custodial parent after a visit. They might limit the amount of contact that the child has with the other parent. Another type of custodial interference might be letting the child skip school or neglecting to return them at a certain time or on the right day.
Anything that would potentially entice the child away from the custodial parent could be considered custodial interference. If the noncustodial parent visits at the wrong times that are not allotted to them or if they take the child on days that they don’t have custody, it could also be a violation. There have been many instances of custodial interference where one parent simply takes the child and tries to flee, or actually does flee. These are serious cases that should be reported to and handled by law enforcement.
Of course, there are also some valid types of custodial interference, as noted below.
Valid Reasons for Custodial Interference
- Protecting the Child from Harm: It may be necessary to withhold a child to protect them from a parent who is violent or abusive. Cases like these should be reported to the authorities to ensure there is an official record, or the protective parent could end up in legal trouble.
- Unavoidable Circumstances: Situations outside of a parent’s control—such as car problems, severe traffic, or inclement weather—can present a safety risk and temporarily prevent returning a child on time.
- Events Running Long: Special events, shows, or sports games can sometimes last longer than anticipated, causing a delay in returning the child.
Parents worried about being perceived as causing custodial interference during a delay should maintain open communication with the other parent. Keeping in contact to explain the issue is a good way to avoid problems, as law and courts provide room for these types of interferences when they are communicated. However, even small delays in dropping off a child can become a legal issue when they become a habitual pattern that negatively affects the other parent’s schedule.
What Can You Do About Custodial Interference?
- Speak with an Attorney Immediately: Victims of custodial interference should consult a family lawyer right away to protect their legal rights and secure the return of their child.
- Petition the Court for Enforcement: An attorney can submit evidence of the interference to a judge, who may adjust custody agreements or impose strict limitations on the non-compliant parent.
- Involve Law Enforcement for Serious Violations: While minor disputes rarely lead to court over a single instance, severe cases of non-compliance or fleeing should be reported directly to law enforcement.
- Seek Legal Advice Before Withholding a Child: If you believe you have a valid reason to withhold your child from the other parent, speak with an attorney first to ensure you follow proper legal channels and avoid facing criminal charges.
Protect Your Custody Rights with Modern Law
Parenting plans and court orders exist to provide stability for your child. When a co-parent continuously violates your agreement or refuses to cooperate, taking legal action protects your bond with your child.
If you are experiencing custodial interference or need guidance on child custody in Arizona, the legal team at Modern Law is here to help. You can view our practice areas or contact us directly at (480) 463-6551 or info@mymodernlaw.com to schedule a consultation.
