Custodial interference is a crime you could be charged with in Arizona if you are accused of unlawfully interfering with someone else’s lawful custody of a child or incompetent adult. If you get divorced and fail to abide by a child custody order, for example, you could be charged with this offense – even if you believed you were acting in your child’s best interest.
What Is Custodial Interference in Arizona?
Infringing upon any other person’s right to custody of a child or incompetent person could lead to a criminal charge in Arizona. According to Arizona Revised Statute (A.R.S.) § 13-1302, a person commits the crime of “custodial interference” if he or she does any of the following while knowing or having reason to know that he or she has no legal right to do so:
- Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution
- Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.
- If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.
- At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.
Rather than unlawfully interfering with a custody order, take the correct steps to protect your child from a potentially dangerous situation without putting yourself at risk of serious legal consequences. You can do this by going to the court that gave the custody order and petitioning for a “Motion for Temporary Orders Without Notice.”
Penalties for Custodial Interference
A violation of A.R.S. § 13-1302 is classified as a class 6 felony if it is committed by a parent or custodian of the child and a class 3 felony if it is not. Custodial interference charges are reduced to a class 1 misdemeanor if the child or incompetent person is voluntarily returned by the defendant without physical injury within 48 hours.
If you are convicted of the crime of custodial interference in Arizona, you could face penalties such as 6 months up to 35 years in prison (if you have prior felony convictions), probation, and thousands of dollars in fines. This type of criminal conviction could also have family law consequences that impact your child custody rights in the future.
Why You Need a Child Sex Abuse Defense Lawyer
When custodial interference charges intersect with allegations of child sex abuse, the legal complexities increase significantly. A Phoenix child sex abuse defense attorney with expertise in both areas can:
- Assess the Charges Thoroughly – Understand the full scope of the accusations and how they may impact your custody rights and criminal record.
- Protect Your Parental Rights – Work to prevent the loss of custody and visitation rights that often accompany these serious allegations.
- Challenge the Evidence – Scrutinize the prosecution’s case for inconsistencies, false allegations, or lack of credible proof.
- Provide Strategic Representation – Develop a legal defense tailored to the unique circumstances of your case, ensuring the best possible outcome.
- Navigate Court Proceedings – Guide you through the complexities of both criminal and family court to protect your interests.
Potential Defenses Against Custodial Interference Charges in Arizona
The best defense against a custodial interference criminal charge in Arizona depends on the individual circumstances. A criminal defense lawyer can analyze your specific case to challenge the charges against you using a personalized legal strategy.
A.R.S. § 13-1302 provides certain statutory defenses against this charge:
- You are the child’s parent and had the right of custody based on legal documents issued by the courts
- You had a good faith and reasonable belief that your actions were necessary to protect the child from immediate danger (e.g., you are a victim of domestic violence by the other parent).
- You had already begun the process of obtaining an order of protection or a custody order, and these documents state your belief that the child would be at risk if left with the other parent.
If a statutory defense is proven, the defendant legally must be found not guilty. Asserting a strong defense can minimize the consequences and penalties you face as a defendant – or even result in the charges being dismissed entirely.
How a Criminal Defense Lawyer Can Help
Custodial interference cases can be complicated, as many individuals who are accused of this crime simply wanted to protect their children. If you are facing this type of criminal charge, it is important to hire an experienced criminal defense attorney in Arizona to represent you. Your attorney will protect your legal rights as much as possible by building a strong defense strategy.