Tennessee Custodial Interference
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.
Continue reading "Tennessee Custodial Interference" »
Bookmark: 
