Custodial Interference

Custodial interference is an allegation that most frequently occurs in conjunction with a family law court case.  However this allegation is not only family law matter, it can be brought as a criminal case against the accused.

Custodial interference is a person intentionally and maliciously taking, detaining, concealing or enticing away or failing to return any child with the intent to detain or conceal permanently or for a protracted time that child from any person having a right to custody of that child.

This is a fourth degree felony.

These charges may be dismissed if the person voluntarily returns the child within fourteen days after taking, detaining or failing to return the child.

Any defendant convicted of this crime may be assessed expenses and costs incurred seeking the return of the child, including costs incurred by the person who has legal rights to the child. 

Contact Us

Phone: (575) 523-4321
Fax: (575) 680-1200
Mollie McGraw Esq.
Margaret Strickland Esq.

Related Practice Areas