What is the definition of “custodial interference”?

In Virginia, custodial interference is defined as the taking or keeping of a child from the parent, guardian, or custodian who is legally entitled to care, control, and physical possession of the child. This includes taking the child out of state or country, or hiding them from the lawful custodian. It is a crime of varying degrees of severity, depending mainly on the motive of the person or persons involved. It is important to note that even if a person has not been awarded formal legal custody of a child, they can still be charged with custodial interference if they unlawfully withhold or deny the other parent, guardian, or custodian the right to custody or visitation. In addition, it is not a defense for the accused to claim that the child consented to the interference. In Virginia, custodial interference can be either a felony or a misdemeanor, depending on the circumstances. A felony charge may result from taking a child out of the state, denying a custodian the right to visit a minor child, or when a parent removes a child from their legal custodian in an attempt to punish them. It is a Class 6 felony in Virginia, punishable by up to five years in prison and a fine of up to $2,500. A misdemeanor charge may result from lesser interference, such as denying access to the custodial parent for a short period of time. It is a Class 1 misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.

Related FAQs

How can I prove that I am a better parent than my ex?
How do I prove that I am a better parent than my ex?
How does the court decide which parent should have primary custody?
How do I get custody of my stepchild?
What factors does the court consider when awarding visitation rights?
How do visitation rights affect a child custody case?
Can a parent lose custody of their child?
What are the primary considerations for determining child custody?
How does the court decide who gets custody of a child?
What factors does the court consider when determining custody?

What is the definition of “custodial interference”?

Related FAQs

Related Blog Posts