Custodial Interference

Skilled Arizona Criminal Defense Attorneys Dedicated to Protecting the Rights of Well-Meaning Parents

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.

How Arizona Law Defines Custodial Interference

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:

  • Keeping your child longer than agreed without permission
  • Failing to return the child after a scheduled visit or trip
  • Taking the child across state lines without authorization
  • Refusing to let the other parent exercise their court-ordered parenting time
  • Concealing the child’s location from the other parent

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.

Felony vs. Misdemeanor Charges for Custodial Interference

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:

  • Class 3 Felony if the accused takes, entices, or keeps the child out of Arizona and has no legal right to custody. This is the most serious level under the statute.
  • Class 4 Felony if the child is taken, enticed, or withheld in violation of a court order or if the accused had no custody rights at the time but did not remove the child from Arizona.
  • Class 6 Felony when the accused had legal custody, there was no court order in place, and the child is taken out of Arizona.
  • Class 1 Misdemeanor if the person has custody, there is no custody order in place, and the child was not taken out of Arizona.

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.

Possible Defenses to Custodial Interference Charges

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:

  • You reasonably believed the child was at risk of harm
  • There was no valid court order in place at the time
  • The other parent had consented to the change in schedule
  • You were enforcing your own legal custody rights
  • The child was returned promptly without interference

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.

How These Charges Affect Your Custody and Criminal Record

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.

Contact the Law Office of James Novak to Protect Your Rights

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.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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