Custodial Interference in Tennessee
Few situations have the potential to spiral out of control like custody disputes. Very often, two parents are fighting over custody who genuinely believe that the best interest of the child dictates that the child lives with them at least a majority of the time. Also, custody disputes occasionally involve parents who are trying to gain custody of the child simply to inflict pain or sadness on the other parent. Whatever the cause, custody disputes have a tendency to get ugly, especially when a parent or relative decides to take matters into his or her own hands.
Situations where a parent or relative takes the child in violation of a custody order or agreement and absconds to some far-off location frequently make the national headlines. Such cases usually do not result in harm to the child, but they certainly have the potential to do so. Thus, the State of Tennessee has decided to criminalize such behavior by creating the crime of custodial interference. The offense of custodial interference makes it a crime for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child under the age of 18 to wrongfully remove that child from the state or from the custody of the mother knowing that such removal violates a custody order or is otherwise wrongful. There are several different ways offenders can be brought within the ambit of this statute and persons charged with custodial interference should contact an experienced criminal defense attorney for assistance in sorting through and defending the charges.
Due to the nature of the statute, several defenses exist to most forms of custodial interference, including lack of requisite criminal intent or being mistaken as to the identity of the child or the custodial situation. The defendant can also prove that he returned the child voluntarily to the appropriate custodian in order to receive a reduced charge. Custodial interference is a Class E felony, punishable by more than a year in prison in most cases. Voluntarily returning the victim, however, may knock that down to a Class A misdemeanor, punishable by eleven months and twenty-nine days maximum. Defendants charged with this crime should consult a skilled criminal defense attorney in order to present the best possible defense.
Bookmark: 
