Custodial Interference in New Jersey

Custody battles are hard enough when they remain in family court.

However, when you are facing criminal charges for custodial interference (i.e. interference with custody), the situation becomes even more difficult. Before you do something you might regret later, familiarize yourself with the following information.

Make sure you know what custodial interference is and the various penalties associated with it. If you are already facing charges for custodial interference, contact an experienced NJ criminal defense attorney today.

 

What is Custodial Interference?

Generally, custodial interference involves taking a child away from his parent with the intent to interfere with that parent’s physical custody over the child.

However, under N.J.S.A. 2C:13-4, there are four kinds of custodial interference that are punishable in NJ.

First, if you take or detain a minor child with the purpose of concealing that child and thereby deprive the child’s parent of custody or parenting time, you can be found guilty of custodial interference in NJ.

Second, if you take, detain, entice, or conceal a minor child for the purpose of depriving the child’s other parent of custody or parenting time (or to evade the jurisdiction of the courts of NJ) after being served with process or having actual knowledge of an action affecting marriage or custody prior to the issuance of a temporary or final order determining custody and parenting time rights, you can be found guilty of custodial interference in NJ.

Third, if you take, detain, entice, or conceal a minor child for the purpose of depriving the child’s other parent of custody or parenting time (or to evade the jurisdiction of the courts of NJ) after being served with process or having actual knowledge of an action affecting the protective services needs of the child, you can be found guilty of custodial interference in NJ.

Lastly, if you take, detain, entice, or conceal a minor child from the child’s other parent after the issuance of a temporary or final order specifying custody, joint custody rights, or parenting time and your actions violate that custody or parenting time order, you can be found guilty of custodial interference in NJ.

 

Penalties for Custodial Interference

Generally, interference with custody is a third degree crime and the presumption of non-imprisonment for first time offenses in the third degree (found in N.J.S.A. 2C:44-1) will not apply.

Consequently, you can be compelled to serve 3-5 years and might face a fine of up to $15,000. However, if you took, detained, enticed, or concealed the child

  1. outside the United States or
  2. for more than 24 hours, you can be charged with a second degree crime.

This means you could face 5-10 years in jail and a fine of $150,000.

 

Who Should You Contact?

If you or a loved one has been charged with custodial interference in New Jersey (interference with custody), contact Adam H. Rosenblum of  The Rosenblum Law Firm today. His team of New Jersey criminal defense attorneys will do what they can to protect your legal rights and fight to keep you out of prison. Call 888-815-3649 today.