If you’ve been accused of custodial interference in Arizona, you may be facing more than a family law dispute. Under A.R.S. § 13-1302, custodial interference is a crime that can lead to jail time, probation, and serious limitations on your parental rights—and your freedom. These cases often begin with emotion-fueled accusations, but once law enforcement gets involved, the matter becomes part of the criminal justice system—not just a family court issue. At the Law Office of James Novak, our Phoenix custodial interference attorney understands how high the stakes are when someone claims you violated custody rights. Whether you are a parent, stepparent, or former partner, we can help you protect your freedom and tell your side of the story.
A.R.S. § 13-1302 defines custodial interference as knowingly taking, enticing, or withholding a child from the legal custodian, guardian, or person with lawful custody rights. You can be charged even if you are the child’s parent. The crime applies when one person violates an existing court order—or takes action that interferes with the other party’s legal custody rights.
Examples of behavior that may lead to charges include:
In many cases, the person accused believed they were doing what was best for the child. Unfortunately, that does not shield you from criminal prosecution if there is a violation of the existing order.
In Arizona, the seriousness of custodial interference charges depend on who commits the act, whether a court order is in place, and whether the child was taken or kept out of state.
A.R.S. § 13-1302 lists the following classifications:
This means the presence or absence of a court order, the legal custody status of the accused, and the location of the child all play a direct role in determining the charge level. Allegations of domestic violence can also increase the overall severity of a case.
Being accused of custodial interference does not mean you are guilty. In many cases, the facts are more complicated than the complaint suggests. The law makes room for several defenses, including:
Arizona law even provides a defense in some situations where a parent is trying to protect the child from abuse or neglect. The key is presenting the right facts early in the process, supported by clear documentation or witness testimony.
If you are convicted of custodial interference, the consequences extend far beyond the courtroom. A criminal record can affect your ability to maintain or regain custody in future family court proceedings. Judges often view violations of custody orders as evidence of poor judgment or lack of cooperation. In serious cases, a conviction may lead to supervised visitation, parenting classes, or loss of decision-making authority over the child.
The criminal case may also be used against you in civil custody proceedings. That is why it is essential to address both the criminal and family law aspects of your situation. You need a defense strategy that considers the full impact of the charge—not just the potential sentence.
If you are facing custodial interference charges in Phoenix or anywhere in Maricopa County, do not try to handle the matter on your own. You need a criminal defense attorney who understands how these cases unfold and who can help you avoid a conviction at all costs. Call the Law Office of James Novak at (480) 413-1499 to schedule a confidential consultation. We will help you understand your rights, assess your legal options, and build a defense aimed at protecting both your future and your relationship with your child.