Custodial Interference is a Crime in Colorado

Divorce can get pretty ugly, especially matters relating to child custody and parental rights.  If you live in Pueblo Colorado and you are having difficulty enforcing the terms of your existing custody order, a Pueblo parental rights attorney can help you determine the best course of action.  When the non-custodial parent either violates the terms of the custody agreement (or “parenting plan”) or refuses to return the child(ren) to the custodial parent, this is called “custodial interference”. 

While each state has different statutes in place for handling this offense, in most states custodial interference is a crime, even if the offending parent has some custody rights.  It can be defined simply as the taking / keeping of a minor child from his or her parent with the intent of interfering with that parent’s physical custody of the child. 

Custodial interference is usually dealt with on a case-by-case basis, using the original custody order and the type of interference as a guide.  Here is an overview of some common types of custodial interference:

• Parental kidnapping:  This is when one parent willfully absconds with one or more of the children, often going out of state or out of the country, to prevent the children from having a relationship with the other parent.  

• Custodial interference may be claimed when the offending parent fails to return the children to the target parent for scheduled parenting time in a timely manner, whether it is hours or days. 

• Also, when the offending parent fails to make the children available for agreed-upon parenting time in a consistent manner, or in accordance with the custody agreement.

• Restricting telephone contact with the children is another example of custodial interference, particularly if liberal phone access is included in the custody order. 

Any willful violation of an existing custody agreement may result in filing a contempt of court petition, which could mean fines or prison time for the offending parent, as well as modifications to the custody order, supervised parenting time, and reimbursement of attorney’s fees. 

A Pueblo parental rights attorney can help you determine the best course of action for your situation, which may include a hearing, mediation and/or family therapy.  However, if you continue to experience repeated episodes of custodial interference, it is recommended that you ask your Colorado family lawyer to continue filing contempt-of-court petitions, as this is the only way to establish an ongoing pattern of behavior by the offending parent.