Interference with Child Custody in Florida
It is unlawful to interfere with a parent’s custodial rights to a minor child.
In Florida, it is a crime for any person, including another parent or guardian, to unlawfully interfere with a parent or guardian’s custodial rights to a minor.
Definition of Interference with Child Custody
Under Florida Statute 787.03(1), the crime of Interference with Child Custody occurs when a person unlawfully and intentionally interferes with a parent or guardian’s custodial rights to a minor child.
Parental Interference
Under Florida Statute 787.03(2), the crime of Interference with Child Custody can be committed by one parent against another parent if the offending parent maliciously interfered with the other parent’s legal right to custody of their child as required by law, custody agreement, or court order. [1]
When one parent is accused of interfering with another parent’s custodial rights to their minor child, it must be shown the interference was done with a malicious purpose, which is a higher standard than if an unrelated person had interfered with the parent’s custodial rights.
Penalties for Interference with Child Custody
The crime of Interference with Child Custody is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Interference with Child Custody is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Interference with Child Custody to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Interference with Child Custody
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Interference with Child Custody include:
Child Welfare Defense
It is a defense to the crime of Interference with Child Custody that the defendant reasonably believed the interfering act was necessary to protect the minor child’s welfare. [2]
Domestic Violence Defense
It is a defense to the crime of Interference with Child Custody that the defendant or the minor child was a victim of domestic violence and the defendant reasonably believed the interfering act was necessary to escape from, or protect the minor from exposure to, continued domestic violence. [3]
Instigation Defense
It is a defense to the crime of Interference with Child Custody that a minor instigated another person to believe it is necessary to engage in an act that interference with a parent or guardian’s custodial rights for the protection of the minor or under false pretenses of the minor’s age. [4]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Interference with Child Custody in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.