As the recent arrest of a mother in Georgia reminds us, interference with child custody under certain circumstances can indeed be a crime. In the Georgia case, the grandparents had custody of the minor child, pursuant to a valid Custody Order. The Mother of the child took the child, and was subsequently arrested for inference with the valid Custody Order.
In most states, including Pennsylvania, a person who interferes with the Custody Rights of another parent, guardian or lawful custodian is subject to criminal prosecution and potentially a felony conviction. These cases can be complicated, and there are many defenses that are available.
Accordingly, before running off to your local District Attorney, it would be wise to consult with a Family Law or Criminal attorney first. Also, this is a good reminder to parents or other relatives not to take the law into your own hands as it pertains to the custody of your children, grandchildren or relatives. You should consult with your attorney first; not after you get arrested.
At MacElree Harvey, we have a robust Family Law team with seven attorneys, who advise clients throughout Eastern Pennsylvania and the State of Delaware. If you have any questions concerning your custody rights, please contact us.
