What is the Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302?
Custodial interference of a child, A.R.S. 13-1302, is a crime that involves a child born out of wedlock and occurs when a person knows or has reason to know that the person has no legal right to do so, but does one of the following:
- Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.
- Before the entry of a court order determining custodial rights, takes, entices or withholds any from the other parent denying that parent access to any child.
- If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.
- At the expiration of access of rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.
Under Arizona law, the mother is the legal custodian of the child born out of wedlock until paternity is established and custody or access is determined by a court.
A criminal charge of custodial interference of a child in Arizona, A.R.S. 13-1302, requires the assistance of an experienced, tough and aggressive defense attorney to protect the rights of the accused. That criminal defense attorney is Brian DiPietro who has more than 37 years of experience as a criminal lawyer, and knows what it takes to protect the constitutional rights of a person charged with the crime of custodial interference in Arizona.
Penalty for the Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302.
The penalty for violating custodial interference of a child in Arizona, A.R.S. 13-1302, can be very serious as the law provides a range of penalties depending on the gravity of the particular offense charged.
- It is a class 3 felony if committed be a person other than the parent or custodian or their agent.
- It is a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of Arizona by the parent or custodian or their agent.
- It is a class 6 felony if committed by a parent or their agent.
- It is a class 1 misdemeanor if the child or incompetent person is voluntarily returned without physical injury by the parent or their agent before forty-eight hours after the taking, enticement or keeping of from lawful custody of the child or incompetent person.
Defenses to the Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302.
It is a defense to the violation of paragraph 2 of A.R.S. 13-1302, if both:
- The defendant has begun the process to obtain an order of protection or files a petition for custody within a reasonable time and the order of protection or petition states the defendant's belief that the child was at risk with the other parent, and;
- The defendant must be the child's parent and have the right of custody and the defendant either:
- Has a good faith and reasonable belief that the taking, enticing or withholding is necessary to protect the child from immediate danger.
- Is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if left with the other parent.
Brian Di Pietro Law, PLLC Arizona Experienced Tough Aggressive Lawyer for Custodial Interference Criminal Charge
Contact Brian Di Pietro Law, PLLC today 623-242-2655, for a free case evaluation about your pending criminal offense case involving custodial interference in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular criminal offense charges. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your custodial interference charges in Arizona.