When parents share child custody with another person, communicating and complying with court orders is not just important, it’s crucial. A parent may try to hurt another parent by disrupting their right to visit the child, which is known as custodial interference. This is a serious matter, as when a parent interferes with a child custody agreement, they could face criminal charges.
Common Examples of Custodial Interference
Attempting to co-parent can be challenging, and tensions can run high. When one parent is concerned about their child’s well-being or safety at their co-parent’s house, they may take matters into their own hands instead of petitioning the court to change the custody arrangement.
Custodial interference can compromise a child’s physical and emotional well-being and may even put them in danger. There are several types of custodial interference, including the following:
- Refusing to return a minor child to a co-parent according to a parenting agreement
- Denying a parent their legal right to visitation or parenting time
- Prohibiting a child from contacting or calling the other co-parent
- Attempting to alienate the child from their other parent by speaking poorly of them
- Taking a child without permission from the co-parent or the court, whether it’s out of the country or simply out of the other parent’s house.
North Carolina General Statute (NCGS) §14-39 makes it a crime to restrain or remove a child under the age of 16 without their parents’ consent. If a co-parent has the right to visitation or parenting time through a court order, and the other parent denies them this right, they can face charges for parental kidnapping. Additionally, when a parent cannot have a contract with their child because of a restraining order or because a court terminated their parental rights, they no longer have the right to contact the child or take them from their co-parent’s house.
Parental kidnapping, a form of custodial interference, is a serious crime. It involves violating a court order by keeping a child longer than allowed in the custody agreement. This is a class E felony and can result in jail time, fines, and a permanent criminal record if convicted.
North Carolina Courts Take Custodial Interference Seriously
Depending on the specific incident, a parent who engages in custodial interference could face civil penalties along with criminal penalties. When the court overseeing the custody arrangement discovers the custodial interference, they could modify the custody agreement. The parent may lose visitation or parenting time due to the interference.
The judge may no longer find it in the child’s best interest to split custody between the parents. The judge may order the parents to undergo counseling, require the interfering parent to have supervised visitation, or for custody exchanges to happen at neutral locations. In other cases, the parent may need to pay fees or fines.
Discuss Your Custody Case with an Attorney in North Carolina
Whether you’re involved in a high-conflict custody battle and you’d like to modify your custody agreement or you’ve been charged with a crime related to custody interference, you’ll benefit from speaking to a skilled attorney as soon as possible.
At Greene Wilson Crow & Smith, we understand that parents may violate custody orders because they’re legitimately worried for their child’s safety or because they feel the agreement is unfair. Our attorneys are here to provide you with the legal support you need, helping you understand your rights and legal options while providing an effective legal defense. Contact Greene Wilson Crow & Smith to schedule a case evaluation.