CUSTODY CRIMES IN PENNSYLVANIA
Information About Child Custodial Interference Charges in PA
More than half of marriages end in divorce and many of those marriages involve children. This means of course that there are often custody disputes. Both parents love their children and want what they think is best for them. But that is often two different things and can lead parents to decide to not follow custody rules.
A parent of guardian may not think the violation is such a big deal or may even get confused over the visitation rules, but the other parent may disagree and file charges – maybe out of concern for the well being of the child but also maybe to be vindictive.
If you are facing Interference With Custody of Children charges, the crime is very serious in Pennsylvania and comes with extremely harsh penalties.
You not only risk a felony on your permanent record, probable loss of your job and difficulty obtaining housing and loans in the future, but you also risk losing custody of your child/children entirely.
In addition, the crime of Interference With Custody of Children was added as a Tier I offense under Megan’s Law. If convicted, you will be forced to register on PA’s sex offender registry for a period of fifteen years.
As you can imagine, this will have very negative consequences on all aspects of your life – including where you are able to live and work.
If you have been charged with Interference with Child Custody in Pennsylvania it is imperative that you seek the help of an experienced PA Criminal Defense Attorney immediately.
Attorney David Shrager provides compassionate counsel and will listen to your side of the story with understanding and empathy, not judgment, reproof or apathy. His law firm will aggressively seek action to prove your innocence and have your charges dropped completely.
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AN INTERFERENCE WITH CUSTODY OF CHILDREN CHARGE DOES NOT
MEAN THAT YOU ARE GUILTY OR THAT YOU WILL BE CONVICTED.
CALL OR TEXT ATTORNEY DAVID J. SHRAGER TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540.
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INTERFERENCE WITH CUSTODY OF CHILDREN – PENNSYLVANIA LAWS
Law enforcement typically does not like to interfere in matters of the family court unless it is necessary. Consistently arriving early or late for picking up your child may be a violation of your custody agreement, but generally a matter police will leave to the family court.
Most often in simple matters, you could be held in contempt and it could affect your future custody arrangement. However, if you intentionally fail to return your child against a court ordered visitation or custody agreement, there could be grounds for criminal charges – especially if doing so caused alarm or the need for an Amber Alert.
Interference with the custody of children is applies to both parents of children as well as non-parents. The circumstances surrounding the interference will be what determines the severity of the charges. For example, a non-parent or guardian who interferes with custody will generally receive a harsher penalty if convicted.
The crime of interference with custody of children is explained in detail in PA Title 18 §2904 of the Pennsylvania Consolidated Statutes. It states that it is a crime to:
- Knowingly or recklessly take or entice any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.
The necessary intent is one of knowing or reckless. Simply taking the child knowing you have no right to do so is enough.
However, if you take the child with no care or regard for the consequences of your actions, you are being reckless and the penalties are likely to be more severe. This is true whether you are a parent/guardian or not.
_________________________________________________________
CUSTODY CRIME CHARGES DO NOT
MEAN THAT YOU ARE GUILTY OR THAT YOU WILL BE CONVICTED.
CALL OR TEXT ATTORNEY SHRAGER TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540.
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PENALTIES IF CONVICTED OF CUSTODIAL INTERFERENCE
Generally speaking, the offense is a felony of the third degree. A felony of the third degree carries a penalty of:
- Up to seven years in prison
- Up to $15,000 in fines
However, penalties increase in the following circumstance:
(1) the actor, not being a parent or person in equivalent relation to the child, acted with knowledge that his conduct would cause serious alarm for the safety of the child, or in reckless disregard of a likelihood of causing such alarm.
In such cases, the offense shall be a felony of the second degree. A second degree felony carries a maximum penalty of:
- Up to ten years in prison
- Up to $25,000 in fines
Should the defendant be a parent of the child or children and the following circumstances are met, the penalties are slightly less:
(2) the actor acted with good cause for a period of time not in excess of 24 hours; and
(i) the victim child is the subject of a valid order of custody issued by a court of this Commonwealth;
(ii) the actor has been given either partial custody or visitation rights under said order; and
(iii) the actor is a resident of this Commonwealth and does not remove the child from the Commonwealth.
In such cases, the offense shall be a misdemeanor of the second degree. A misdemeanor of the second degree carries a maximum penalty of:
- Up to two years in prison
- Up to $5,000 in fines
DEFENSES TO CUSTODY CRIME CHARGES IN PA
The consequences of a conviction in any case of interference with custody of children are serious. The possibility of a felony on your criminal record and mandatory registration as a sex offender are very damaging.
It is important to have a skilled defense attorney to help guide you.
Some possible defenses include:
- At the time of the taking or enticing of the child, you believed your actions would help keep the child from harm;
- The child is age 14 or older and wanted to go with you. There was no enticement and no intention to commit any offense;
- There was no violation of a court custody order.
A knowledgeable attorney will be able to interview witnesses and discredit testimony offered by the prosecution. In addition, they will be able to sort through any court documents and custody agreements to determine what, if any, agreement has been broken.
When your future and your rights are at stake, you need a determined attorney who can fight for your rights. Call Shrager Defense Attorneys today.
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FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
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Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
- Learn more about our Sex Crimes Lawyers in Pennsylvania
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If you have been charged with, or think you may be charged with, any of the following sexual offenses, call Attorney Shrager immediately for a free consultation:
- Charged with Corruption of Minors
- Internet Sex Crimes Charges
- Charges for Online Solicitation of Minors for Sex
- Charged with Sexting
- Indecent Exposure Charges
- Charged with Sexual Assault / Rape
- Charged with Involuntary Deviate Sexual Intercourse
- Indecent Assault and Aggravated Indecent Assault Charges
- Date Rape / Statutory Rape Charges
- Spousal Rape / Spousal Sexual Assault / Marital Rape Charges
- Child Molestation / Solicitation and Child Sexual Assault Charges
- Child Pornography Charges
- Luring a Child into a Motor Vehicle or Structure
- Unlawful Contact with a Minor Charges
- Failure to Register as a Sex Offender