Custodial Interference: What Is It?

Custodial interference is an allegation that most frequently occurs in conjunction with a family law court case. However, not only is this allegation a family law matter, but it can also be brought as a criminal case against the accused.

Custodial interference is a person intentionally and maliciously taking, detaining, concealing or enticing away or failing to return any child with the intent to detain or conceal permanently or for a protracted time that child from any person having a right to custody of that child.

This is a fourth degree felony.

These charges may be dismissed if the person voluntarily returns the child within 14 days after taking, detaining or failing to return the child.

Any defendant convicted of this crime may be assessed expenses and costs incurred seeking the return of the child, including costs incurred by the person who has legal rights to the child.

The defense lawyers at McGraw & Strickland, LLC, in Las Cruces, New Mexico, are well-versed in the complexities of these types of situations and criminal matters. An attorney can build a strong defense on your behalf to help you avoid penalties. Do not hesitate to call us at 575-523-4321 or to contact us online.