Custodial Interference

Family disputes can escalate quickly—especially when emotions run high and communication breaks down. But if someone accuses you of interfering with court-ordered custody or parenting time, what starts as a disagreement may turn into a criminal case. Arizona law treats custodial interference seriously, particularly when a child is taken across state lines or one parent is denied access altogether. If you are facing these allegations in Phoenix, Tempe, or anywhere in Maricopa County, you an experienced Arizona custodial interference attorney in your corner. The Law Office of James Novak proudly defends clients accused of custodial interference and will aggressively protect your rights at every stage of the process.

Arizona defines custodial interference broadly. You can be charged if someone claims you intentionally kept, took, or enticed a child from their lawful custodian. This offense often arises between parents or former partners, but it can apply to stepparents, grandparents, or others who act without legal authority.

Some common situations that may result in charges include:

• Failing to return a child at the agreed time
• Picking up a child from school or daycare without permission
• Blocking communication or parenting time with the other parent
• Leaving the state with the child in violation of a court order

You may believe you were acting in your child’s best interest, but under Arizona law, your intentions may not matter if you violated a court order or custody arrangement.

Under A.R.S. § 13-1302, the severity of the charge depends on several key factors, including whether a custody order existed and whether the child was removed from Arizona. The penalties vary as follows:

• Class 3 Felony: You had no legal custody and took or kept the child outside of Arizona.
• Class 4 Felony: You had no right to custody but kept the child within Arizona, or you violated a valid court order.
• Class 6 Felony: You had custody and no court order existed, but you took the child out of state.
• Class 1 Misdemeanor: You had custody, no court order was in place, and the child remained in Arizona.

Even the lowest classification carries real consequences. A conviction may lead to jail time, supervised probation, and even a loss of parenting rights. Felony charges are even more serious, potentially resulting in years of imprisonment and long-term damage to your criminal record and family court standing.

If you are a parent, being charged with custodial interference can change your relationship with your child. Judges often treat violations of parenting time as signs that one parent is unwilling to cooperate or follow lawful orders. In many cases, this can influence future custody proceedings—even before a conviction occurs.

You may also lose access to your home, be placed under court-ordered supervision, or face restrictions on your ability to travel with your child. These cases do not just threaten your freedom—they can upend your role in your child’s life.

Every case turns on its specific facts. To be convicted, the prosecution must prove you acted knowingly and that your actions interfered with another party’s lawful rights. Arizona law provides several defenses to custodial interference charges, including:

• You reasonably believed the child would be in danger if returned
• No court order was in place at the time of the alleged interference
• The other parent previously agreed to the change in custody or schedule
• You were exercising legal custody and did not leave the state

An experienced criminal defense attorney can help determine whether one of these defenses applies to your case and develop the best strategy for presenting it in court.

If you're facing custodial interference charges in Arizona, you need to act quickly. Early action can make the difference between a case that ends in dismissal and one that results in serious penalties. Call the Law Office of James Novak at (480) 413-1499 to schedule a confidential consultation. We help parents, family members, and caregivers respond to charges throughout the Phoenix area and across Maricopa County. Let us help you fight for your future and your rights.