NY Penal Law § 135.45: Custodial Interference in the Second Degree.

When Custody Disputes Lead to Criminal Charges

Child custody cases can often become rather contentious. Ultimately, the judge must render the decision as to custody and visitation between the parents. Nonetheless, there are times when one of the parents disagrees with the decision and chooses to take matters into his or her own hands. If a parent chooses not to follow the custody arrangement by refusing to allow the other parent to have access to the child for a scheduled visit or by failing to return a home child after a scheduled visit, that parent could face a charge of custodial interference.

Elements of Custodial Interference in the Second Degree

You could be charged with custodial interference in the second degree under New York Penal Law § 135.45 if you remove a child from his or her legal custodian and you:

• Are related to a child who is younger than 16 years of age,
• Have the intention of keeping the child permanently or for a prolonged period of time, and
• Have no legal right to have the child in your possession.
• Or you take from lawful custody an individual who is incompetent or a person who has been lawfully entrusted to another individual or an institution.

An Example