What Is Custodial Interference In Arizona?

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What Is Custodial Interference In Arizona?

Despite two parents’ best efforts, sometimes a relationship ends, leaving the former couple to determine how to co-parent any children in common. Some parents are able to do this more amicably than others. But in other cases, a parent may willfully disobey custody orders to take or withhold custody of their child. A parent can use evidence of this to modify custody orders, and possibly even gain sole custody of the child. It can even be charged as a criminal offense, and the parent can be tried and convicted of a misdemeanor or felony in Arizona. Custodial interference cases require expertise in multiple areas of law, such as family law, criminal defense, and orders of protection. For situations like these, working with an experienced Arizona Child Custody lawyer is crucial. Our firm’s hard-working staff and attorneys fight to help our clients achieve resolutions that align with their family’s goals. Discuss your case in detail with an experienced lawyer today by scheduling your free phone consultation with My AZ Lawyers. Call 480-470-1504 to get started.

Arizona Revised Statutes Section 13-1302

A.R.S. § 13-1302 is Arizona’s law regarding custodial interference. This is a criminal offense that occurs when one person interferes with another person’s rights to parent their own child. Some informally refer to this offense as “parental kidnapping.” This might happen if one parent has parenting time with their child and refuses to return the child to the other parent at their scheduled custody exchange. It can also occur when a parent picks their child up from school, sports, etc. outside of their scheduled arrangement. Custodial interference can also happen before court orders are in place, if one parent is withholding the child from the other.

This offense can be charged at various levels, depending on the specific facts of the case. The highest level custodial interference can be charged at is a class 3 felony. This is when the defendant is not the child’s other parent or an agent of that child’s parent. When custodial interference is committed across state lines by the child’s other parent or their agent, it is considered a class 4 felony, which is a lower-level felony than a class 3 felony. Custodial interference within the state by a parent or agent is a class 6 felony. If a parent or agent commits custodial interference but returns the child unharmed within 48 hours, it is a class 1 misdemeanor. With such a wide range of possible offense classifications, two defendants charged with custodial interference could face widely different incarceration sentences. The presumptive sentence for a class 3 felony in Arizona is 3.5 years, and the maximum sentence for a class 1 misdemeanor is 6 months. Fines, probation, community service, and other penalties will all be more severe for a higher-level felony than a class 1 misdemeanor.

Defenses To Custodial Interference Charges

A.R.S. § 13-1302 sets forth a few defenses to custodial interference charges in Arizona. They apply if the defendant is the child’s parent and has custodial rights. Here, the parent could assert that they had a good faith or reasonable belief that withholding the child was necessary to protect the child from immediate danger. The parent may also assert that they are a victim of domestic violence by the other parent and kept the child because leaving the child with the other parent would present an immediate danger. In both of these situations, the parent must have already sought an order of protection or file a request for one within a reasonable time period.

Orders Of Protection In Arizona Custodial Interference Cases

Orders of protection are highly relevant in Arizona custodial interference cases. If a defendant wishes to use certain defenses against custodial interference charges, they must seek an order of protection before or shortly after withholding the child. Some informally refer to orders of protection as “restraining orders.” A protective order can be used to keep a defendant from coming near their victim, the victim’s child or pets, place of work, school, and anywhere else that is part of their regular routine. An order of protection can also prevent a defendant from lawfully purchasing or possessing a firearm- in fact, a defendant subject to an order of protection may be required to surrender their firearm to law enforcement for safekeeping for the duration of the order.

For an order of protection to be granted, the plaintiff must be able to show that the defendant committed an act of domestic violence against them, or it is likely to occur. This first requires a showing of a special relationship between the plaintiff and defendant. Two parents who share a child in common satisfies the special relationship necessary for an order of protection. So does a current or previous romantic or sexual relationship, roommate situation, or any relation by blood or marriage. Victims without this type of special relationship with the defendant should pursue an injunction against harassment instead. There are a wide variety of criminal offenses that are considered domestic violence in Arizona when committed against a victim with a special relationship. They include harassment, assault, sexual assault, kidnapping, unlawful imprisonment, and most notably here- custodial interference. So if a defendant is convicted of custodial interference, this can be considered a domestic violence offense and the victim can seek an order of protection from the court. If you’re involved in an Arizona custodial interference matter, you need an attorney who is familiar with the process of obtaining protective orders. Schedule your free consultation with a dedicated member of My AZ Lawyers today by calling 480-470-1504.

Establishing Paternity For Child Custody Disputes In Arizona

Sometimes a father may believe he is the victim of custodial interference, but have no legal recourse due to not being listed as the child’s father on the birth certificate. In this scenario, the father may need to establish paternity before he can claim custody rights for his child. To establish paternity in Arizona, besides being listed on the birth certificate, the father can have been married to the mother when the child was born or during the pregnancy. The parents can also sign an affidavit affirming that the man in question is the child’s biological father. If paternity can’t be established with any of these methods, either party can request a DNA test to confirm if there is a match between the father and child. For more information about establishing paternity and how it can play into a custodial interference case in Arizona, schedule your free consultation today at 480-470-1504.

Seeking A Custodial Interference Attorney In Phoenix Or Tucson? Schedule Your Free Consultation With Our Firm Today.

If you’re dealing with a custodial interference issue in Arizona, you need legal representation with the proper knowledge and experience for your situation. Custodial interference can be an especially complex legal matter because of the intersection between criminal and family law. The best attorney for this type of legal matter should have experience with both. But many law firms only practice one area of law or those that are closely related. For custodial interference matters in Phoenix and Tucson, you should consider retaining a full-service firm to meet your legal needs. As a top rated Arizona law office, we are committed to providing expert legal guidance to clients across these areas of law. Learn more about your options with your free consultation today at 480-470-1504.