Legal Definitions - custodial interference

Custodial interference occurs when a parent or guardian violates the specific terms of a court order concerning child custody, visitation, or parental responsibilities. This can involve a wide range of actions, from minor breaches of a visitation schedule to more severe acts, such as taking a child without permission or refusing to return them to the designated parent. Depending on the severity and specific circumstances, custodial interference can lead to significant legal consequences, including civil penalties, modifications to custody arrangements, or even criminal charges like parental kidnapping. However, actions taken during genuine emergencies, such as natural disasters or to protect a child from immediate and reasonably perceived harm, are generally not considered custodial interference.

• Example 1: Consistent Schedule Violations

  A court order specifies that Parent A must drop off their child at Parent B's home by 8:00 AM every Monday morning to begin the school week. However, Parent A consistently drops the child off at 9:30 AM or later, often causing the child to be late for school and disrupting Parent B's morning routine. This repeated failure to adhere to the court-ordered drop-off time, even if the child is eventually returned, constitutes custodial interference because it directly violates the established visitation schedule and impacts the other parent's custodial time and responsibilities.

• Example 2: Refusal to Return a Child After Visitation

  Parent B has the children for their court-ordered two-week summer visitation. The order clearly states that the children must be returned to Parent A on July 20th. On July 19th, Parent B informs Parent A that they have decided to keep the children for an additional week, claiming the children are enjoying their time too much and refusing to comply with the scheduled return date. This action is a clear instance of custodial interference, as Parent B is intentionally withholding the children beyond the court-mandated return date, directly violating the custody agreement.

• Example 3: Unauthorized Relocation of a Child

  A court order grants Parent A sole physical custody of their child and includes a provision that neither parent may move the child more than 50 miles from their current residence without the other parent's written consent or a new court order. Despite this, Parent B, during their scheduled visitation, decides to move with the child to a different state, over 500 miles away, without informing Parent A or obtaining the necessary legal permission. This act significantly breaches the custody order by removing the child from the primary custodian's care and the court's jurisdiction without authorization, which is a severe form of custodial interference and could lead to parental kidnapping charges.