When a court orders custody of a child, the party or parties that are awarded custody are responsible for the child  under the terms of the custody order. However, it is often the case that a non-custodial parent or family member can act unilaterally by attempting to take the child into their care directly against court orders. When this happens it could be considered custodial interference, or parental kidnapping, and there may be legal consequences.  Below, the experienced family law attorneys at Rodier Family Law discuss custodial interference and the legal consequences that can result.

What to Do If a Parent Interferes with Your Custody

If someone takes your child without the custodial parent’s consent in violation of a court order that could be considered a crime. According to Maryland Criminal Law Section 3-503, a person may not forcibly abduct, take, or carry away a child under the age of 16 years from their home or the custody and control of the child’s parent or legal guardian without consent. This law also outlines punishments,  including felony charges and a maximum 30-year prison sentence depending on the relationship to the child. If the child is taken across international borders, however, custodial interference could then become a federal crime and a violation of the  International Parental Kidnapping Crime Act, which may be prosecuted by significant fines and up to three years of imprisonment.

Do You Suspect a Non-Custodial Parent May Abduct Your Child?

Emotions can cause major disagreements between family members and adding custody disputes to the mix can lead to even more intense arguments. If you are afraid that you and your child may soon be victims of custodial interference, having an experienced family lawyer on your side can help. If you suspect that custodial interference has already happened, you may want to also contact law enforcement immediately.

Consult an Experienced Family Law Attorney

If you are having disagreements following a custody order it is best to seek legal help as soon as possible. An experienced family law attorney can help you file a petition for contempt of court or even an injunction so that you may prevent the abduction or drastically decrease its length.

Do Not Agree to Anything Before Consulting an Attorney

Once a custody schedule is finalized by the  court, while the parties can generally agree to deviate from the custody schedule, you may want to consult with an attorney before making any changes to your custody schedule, including drop-off days, the length of visitations, and other items outlined in the custody order. It is important to speak with an attorney, such as the divorce attorneys at Rodier Family Law, so they can provide you with legal guidance to try to ensure your best outcome. 

Speak To An Experienced Family Law Attorney At Rodier Family Law 

Custody disputes can be difficult and when custodial interference is involved this can add even more complications and stress. At Rodier Family Law, we want to guide you in these important matters that will affect your future. If you have questions about custody agreements or custodial interference and want to ensure your child is protected, contact our office to schedule a one-hour consultation and speak to an experienced attorney by calling us at (410) 803-1839.