Custodial Interference

Under A.R.S. § 13-1302, a person commits custodial interference by taking, enticing, or withholding a child or incompetent person from the person’s lawful custodian. This charge frequently arises in custody disputes.

Penalties

Class 6 felony if the child is taken out of state. Class 1 misdemeanor if within Arizona.

Defenses

Statutory defenses include a reasonable belief that the taking was necessary to protect the child from immediate danger. Other defenses involve challenging the validity of the custody order.