Camden Interference With Custody Attorneys

Even with the best intentions, actions that interfere with the custody of a child can result in indictable charges. In Camden County, and throughout most of New Jersey, parents are trying to manage personal relationships with one another, as well as, their relationships with their children. At times, the strained relationship between the parents will carry over into the care for the child. When this occurs, the hazy line of what constitutes illegal conduct tends to be crossed, both intentionally or unintentionally. If an individual detains, conceals or in some way interferes with a parent’s custody of their child, then they may be guilty of a second-degree crime for Interference with Custody. Additionally, there is a five (5) year statute of limitations for charges to be brought, that begins to run upon the end of the concealment or detention. If convicted, that individual may face up to ten (10) years in prison. If you or a loved one have been brought up on charges for Interference with Custody, then you should avail yourself of strong, experienced, and competent attorneys to protect your rights.

What is Interference with Custody in Camden County?

Under N.J.S.A. 2C:13-4(a), there are four (4) circumstances that warrant prosecution by the State for interference with the custody of a child.

The first scenario:

N.J.S.A. 2C:13-4(a)(1), occurs when the person takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the other child’s parent of custody or parenting time. This situation would likely involve the parents of the child, each acting as either the interferer or the victim. To convict, the State must prove each of the following elements:

Defendant took or detained the child;
Person taken was a minor child; AND
Defendant had the purpose of concealing the child and depriving the child’s other parent of custody or parenting time.

In the second scenario:

N.J.S.A. 2C:13-4(a)(2), a court proceeding must be initiated prior to the interference with custody. To convict, the State must prove each of the following elements:

Defendant had been served with process or had actual knowledge of an action affecting marriage or custody;
Defendant took, detained, enticed or concealed the child within or outside of the state of residence;
Person taken was a minor;
Defendant had a purpose of concealing the child and depriving the child’s other parent of custody or parenting time or of evading the jurisdiction of the New Jersey courts; AND
The conduct occurred before either a temporary or final order, determining the custody and parenting time rights of a minor child, is issued.

The third scenario:

N.J.S.A. 2C:13-4(a)(3), is similar to the second, except that the purpose it serves differs slightly. This section deals with conduct that would seek to the thwart protective services proceeding affecting custody. As you will see, only the first element of this offense differs from the elements of N.J.S.A. 2C:13-4(a)(2). To convict, the State must prove each of the following elements:

Defendant had been served with process or had actual knowledge of an action having commenced which would affect the protective services of a child pursuant to Title 9 affecting custody;
Defendant took, detained, enticed or concealed the child within or outside of the state of residence;
Person taken was a minor;
Defendant had a purpose of concealing the child and depriving the child’s other parent of custody or parenting time or of evading the jurisdiction of the New Jersey courts; AND
The conduct occurred before either a temporary or final order, determining the custody and parenting time rights of a minor child, is issued.

In the fourth and final section:

N.J.S.A. 2C:13-4(a)(4), a temporary or final order of custody must have been issued. This section applies to situations where joint or sole custody is part of the order. What is noteworthy about this section is the requirement that the defendant acted knowingly, which requires a high standard of proof. To convict, the State must prove each of the following elements:

A temporary or final order regarding the custody, parenting time or joint custody had been issued of the child;
Defendant took, detained, enticed or concealed the child within or outside of the state of residence;
Person taken was a minor; AND
Defendant acted knowingly.

What are the Penalties for Interference with Custody in New Jersey?

Interference with custody is a crime of the third degree. However, it will elevate to a crime of the second degree if the child is detained or concealed outside of the United States for more than twenty-four (24) hours.

If convicted of a crime in the second degree, then you will face up to ten (10) years in prison and a fine up to $150,000. There is a presumption of imprisonment for convictions of second-degree crimes.

If convicted of a crime in the third degree, then you will face up to five (5) years in prison and a fine up to $15,000. Typically, there is a presumption of non-imprisonment for crimes of the third degree. However, under this statute, the presumption does not exist.

In addition to these monetary penalties, you may also face restitution for all reasonable costs and expenses in securing the child’s return.

Interference With Custody