What is the definition of “custodial interference”?
Custodial interference is a term used to describe the unlawful interference with another person’s legal custody rights. It is a crime under California law that occurs when a person keeps a child from their legal custodian, prevents them from having contact with their custodian, or otherwise interferes with the custody arrangement. In California, the definition of custodial interference includes “taking, detaining, enticing, or concealing a child with the intent to deprive a lawful custodian of his or her right to physical custody of the child.” It is important to note that the state of California does not require that the interference be done maliciously. It can be committed unintentionally as well. Custodial interference is a serious criminal offense that can carry harsh penalties. If convicted, the offender could face up to one year in jail and/or a $1,000 fine. In addition, they may also be required to pay restitution to the custodial parent. It is important to note that in some cases, custodial interference is still considered a crime even if the custodial parent gave permission for the custodial interference to take place. Parents that are found guilty of custodial interference in California can face serious criminal penalties, including jail time and fines.
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