Criminal Attorneys
Who Care

Brooklyn Custodial Interference Lawyers

Custodial Interference

Custody of the children often becomes one of the most contentious matters, if not the single most inflamatory issue, when parents separate or get divorced. In some scenarios, parents who feel that the decisions of judges are unfair choose to take matters into their own hands.  They knowingly violate the terms of custody or visitation put in place by the courts.

How Does a Person Get Charged with Custodial Interference?

When a parent fails to return a child to the other parent or to otherwise comply with the terms of a court order for custody or visitation, that parent can face a charge of custodial interference. Although custodial interference is generally a misdemeanor, certain details of an individual case can give rise to felony charges and  serious repercussions.

New York Custodial Interference Attorney

Have you been arrested in New York City for alleged custodial interference? First and most importantly, do not make any kind of statement to the authorities without legal representation. Reach out to a qualified, experienced custodial interference lawyer as soon as possible for support in protecting your rights and winning the most favorable outcome to your case that ultimtely results in the fewest possible penalties.

New York Custodial Interference Law:  A Closer Look

An individual commits Custodial Interference in the Second Degree pursuant to New York Penal Law § 135.45 when he or she either:

• As a relative of a child younger than 16 years old, intending to hold such child permanently or for a protracted period, and being fully aware that he or she has no legal right to do so, takes or entices such child from his or her lawful custodian; or
• Being aware that he or she has no legal right to do so, takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.

Under New York Penal Law § 135.50, Custodial Interference in the Second Degree can get bumped up to Custodial Interference in the First Degree if an alleged offender commits the crime of Custodial Interference in the Second Degree and either:

• With intent to permanently remove the alleged victim from New York state, he or she does indeed remove such person from the state; or
• Under circumstances that expose the alleged victim to a risk that his or her safety would be endangered or his or her health materially impaired.

Custodial Interference: The Consequences

Custodial Interference in the Second Degree is a Class A misdemeanor that is punishable by as much as one year of incarceration and/or a fine of up to $1,000. 

Custodial Interference in the First Degree is a Class E felony that can get an offender up to four years in prison and/or a fine of up to $5,000.

State legislation does provide that an affirmative defense to a charge of Custodial Interference in the First Degree exists in situations where the alleged victim had been abandoned or in cases where the removing of the person was necessary in an emergency to protect the victim because he or she had been exposed to or threatened with mistreatment or abuse. A conviction for Custodial Interference can also have significant additional consequences with regard to any future custody agreements.

Case Study: People v. Garcia, 2014 NY Slip Op 24351

Ms. Garcia faced a charge of Custodial Interference in the Second Degree after she picked her daughter up from school on April 25, 2014, in violation of a Family Court Order granting custody of the child to the father. The Criminal Court in New York County found that the Information (also referred to as the Criminal Court Complaint) was insufficient because it did not make out a “prima facie” case that Ms. Garcia acted with intent to hold the child for a “protracted period,” and that she was aware she lacked the legal right to pick the child up from school. Although the Family Court Order established that Garcia lacked the legal right to pick the child up from school, the Information failed to allege that she had knowledge about the order because neither of the two service options—service by mail or service in person—was checked.

Resources for Custodial Interference Offenses in New York

You can visit the New York State Unified Court System website to find answers to frequently asked questions regarding all custody and visitation matters. The information on the website establishes the distinction between an order of custody and an order of visitation. It also has information about filing to have orders of custody or visitation changed. You will also find the link to the Custody/Visitation Enforcement Petition Program that allows you to fill out the correct petition to file your case in the Family Court.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

Verified

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!