Legal Definitions - custody interference

Custody interference occurs when a parent or guardian, in violation of a court order or agreement, obstructs the other parent's or guardian's legal rights concerning their child. This can involve actions such as refusing to return a child after a scheduled visit, taking a child without permission, or concealing a child's whereabouts from the other parent. It essentially means one party is interfering with the established custody or visitation arrangements.

Here are some examples to illustrate custody interference:

• Example 1: Refusal to Return a Child After Visitation

  A court order grants Sarah sole physical custody of her son, Leo, and Mark, Leo's father, has visitation every other weekend. One Sunday evening, after his scheduled visitation is complete, Mark refuses to return Leo to Sarah, stating he believes Leo is better off living with him full-time, despite the existing court order.

  Explanation: Mark's refusal to return Leo to Sarah, in direct defiance of the court-ordered custody arrangement, constitutes custody interference. He is obstructing Sarah's legal right to have her child returned at the designated time and location.

• Example 2: Taking a Child Out of State Without Permission

  David and Emily share joint legal and physical custody of their daughter, Mia. Their custody order explicitly states that neither parent may take Mia out of the state for more than 24 hours without the written consent of the other parent or a new court order. During his scheduled week with Mia, David decides to take her on an impromptu trip to a neighboring state for five days without informing or obtaining consent from Emily.

  Explanation: David's action of taking Mia out of state for an extended period without Emily's consent, in direct violation of their court order, is an act of custody interference. He is undermining Emily's legal rights and the established custody agreement.

• Example 3: Concealing a Child to Prevent Visitation

  After a contentious divorce, a court grants Maria primary physical custody of her daughter, Sofia, and grants John, Sofia's father, specific weekday evening visitations. Feeling angry about the visitation schedule, Maria begins taking Sofia to a different friend's house each evening during John's scheduled visitation times, refusing to answer John's calls or provide him with Sofia's location. This effectively prevents John from exercising his court-ordered visitation rights.

  Explanation: Maria's deliberate actions to hide Sofia and prevent John from exercising his court-ordered visitation rights constitute custody interference. She is intentionally obstructing John's legal access to his child as defined by the court.