Tennessee Custodial Interference :: Tennessee Criminal Lawyer Blog

Custodial interference occurs when family members take certain other family members in contravention of court orders. This contravention of court orders is the essential difference between custodial interference and kidnapping/ false imprisonment. The elements of custodial interference are set out in Tenn. Code Ann. § 39-13-306.

Custodial interference applies to the following persons: natural or adoptive parents, step-parents, grandparents, brothers, sisters, aunts, uncles, nieces, or nephews. It is a violation of the law for any of these persons to remove a relative under the age of 18 from the state, or to detain that child within the state, in violation of child custody determinations, the rightful custody of the parents, parental visitation rights, or temporary court orders regarding the custody and care of the child. Tenn. Code Ann. § 39-13-306 also makes it illegal for persons to remove an incompetent relative from the state, or to detain that incompetent relative within the state, in violation of a court order regarding the custody or care of the incompetent relative.

There are two defenses to a charge of custodial interference. The first defense is that the removal was necessary to prevent a reasonably perceived clear and present danger to the health, safety or welfare of the child or incompetent relative. The second defense is that the child or incompetent relative was returned by the defendant voluntarily and before arrest or issuance of a warrant.

Custodial interference is a Class E felony, punishable by 1 to 6 six years in prison and a fine of up to $3,000. If the defendant returns the child or incompetent person voluntarily, the charge will be reduced to a Class A misdemeanor, punishable by up to 11 months 29 days in prison and a fine not to exceed $2,500. Persons acting as accessories to custodial interference will be charged with the custodial interference, regardless of their relation to the victim.

Matters involving child custody and especially custodial interference can be very complex, requiring legal experience and knowledge of federal and Tennessee law. No matter what your situation may be, the top Tennessee criminal defense lawyers at Baker Associates will defend your constitutional rights. Call us today for a free consultation at 866-853-2888.