One form
of custodial interference involves refusing to release the child to the other parent for a scheduled visit.
However, you should be aware
of custodial interference requirements.
Even if you do not have an existing court order that restricts or allows another party (parent, grandparent, etc.) the right to visitation with the child, you still need to be aware
of custodial interference laws if you plan to move out of state.
More commonly, though, a parent who denies access to the other parent may face charges
of custodial interference.
The story of 10 - year - old Valor also sheds light on the consequences
of custodial interference.
Courts typically retain the residential schedule established by the parenting plan unless the modification is agreed upon by the parents, child's residence has already been changed by parental agreement, child's current environment is detrimental to his physical, mental or emotional health, or the nonmoving parent has been found in contempt of court at least two times in the last three years for failure to comply with the parenting plan or been convicted
of custodial interference.
Enticing the child away from the parent with custody, or visiting the child when the other parent is supposed to have custody — all are forms
of custodial interference.
There are countless examples
of custodial interference, but here are some of the more common ways in which it may occur:
Brenard Carr, wanted in an attempted kidnapping near a church in Miami's Liberty City neighborhood, was arrested Monday night on a charge
of custodial interference.
Not exact matches
While religion is a central theme in this case, Shuber points out that the main issue is not necessarily religion, but rather the
custodial parent's desire to raise her child without the
interference with and undermining
of her
custodial decisions by the grandparents.
Custodial interference occurs when a parent tries to disrupt the custody rights
of the other parent.
For this reason, if a
custodial parent has demonstrated in the past a pattern
of interference with the relationship between the child and the non-
custodial parent, unless other facts dictate a difference holding, a court will frequently conclude that a substantial chance in circumstances justifying a change
of custody has occurred.
Under some circumstances,
custodial interference is not a violation
of the law.
The
custodial parent is also subject to fines, sanctions and other penalties, including jail time, if found guilty
of interference.
A conviction for
custodial interference (parental abduction) in the first or second degree is a substantial change
of circumstance by definition.
The state
of Colorado may also charge the parent with
custodial interference, which is a felony and may carry jail time.
However, if an arrest occurs or the
custodial interference took place outside
of Arizona, the charge is a felony and punishment can result in several years
of incarceration.
The severity
of the penalty for
custodial interference in Arizona depends on who took the child, whether the child was returned prior to an arrest and whether the
interference took place within or outside the state (child held outside
of state).
If the parent reasonably believes the child would be in danger
of immediate harm if left with the other parent and files a petition for custody in a reasonable amount
of time after removing the child, this is also defense to a
custodial interference charge.
Custody scheduling, parenting time,
custodial interference — all
of these are hot button areas that lead to significant upset.
On this day
of the year, we stand up for Children's Rights to an equal relationship with both parents and to end the psychological abuse from
custodial interference and hostile aggressive parenting.
If either parent reneges on the agreement and attempts to keep the child outside
of her or his court - ordered
custodial time, this is
custodial interference.
Custodial interference is an attempt by one parent to disrupt the custody rights
of the other.