Custodial interference is a legal term used to describe the act of one party denying another lawful access to a person or property that is subject to the custody of a third party. It is typically used in family law to refer to the act of unlawfully removing a child from his or her parent or guardian’s custody. This interference may be in violation of a court order, including visitation rights, custody agreements or other type of family law order.
In the United States, custodial interference laws are established on a state by state basis. Depending on the laws of the particular state, the act of custodial interference may be considered a criminal violation. In the majority of states custodial interference is a misdemeanor or felony offense. Such actions may include taking a child against the wishes of the custodial parent or guardian; refusing to return a child after a court-ordered period of visitation; or taking a child out of state with intentions to permanently deprive the custodial parent of their lawful right to custody.
Custodial Interference in Recent Cases
Custodial interference has been a frequent issue in U.S. family court proceedings since the adoption of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA was signed into law by President Clinton in 1997 and helps provide judicial continuity for child custody cases. In the years since, custodial interference cases have been seen in multiple states, including:
- California – In 2014, a father was found guilty of custodial interference after kidnapping his two sons and taking them to Mexico. The father was given a three-year prison sentence.
- Texas – In 2015, two parents were charged with custodial interference after their custody arrangement was suspended. The couple was sentenced to serve three years probation and had their parental rights terminated.
- New Jersey – In 2016, a mother was accused of custodial interference after taking her son and living with him in another state without the father’s permission. The mother was found guilty and given probation.
Does Custodial Interference Result in Jail Time?
The severity of punishment for custodial interference will depend on the particular case and state laws. Generally, custodial interference is considered a criminal charge, which could mean possible jail time. Some states may sentence offenders to probation, fines, or impose a combination of these penalties. It is important to note that custodial interference can also result in case-specific civil sanctions, such as court-ordered visitations, payments of professional fees, counseling, and other sanctions.
In the United States, custodial interference laws are in place to protect parents and guardians from being denied access to their child or children. It is important to understand the seriousness of the charge and the potential consequences for violating custodial interference laws. Anyone facing custodial interference charges should seek legal advice to protect their interests.