Disputes relating to custody, visitation, and parent-time are common in divorces and paternity cases. While many of these disputes are resolved informally or through the civil court system, there are circumstances under which interfering with
parent-time or custody can become a criminal offense. If you are facing criminal charges for custodial interference in Utah, you should have an experienced criminal defense lawyer on your side.
Elements of a Custodial Interference Charge in Utah
Under Utah’s criminal code, a person is guilty of custodial interference if the person “takes, entices, conceals, or detains a child under the age of 16 from its parent, guardian, or other lawful custodian” knowing that they have no legal right to do so and with the intent to “hold the child for a period substantially longer than the parent-time or custody period previously awarded” by the court or with the intent to deprive another person of that person’s lawfully ordered parent-time, visitation, or custody rights.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Charge for custodial interference in Utah are typically filed against either the custodial or noncustodial parent. Related charges that can be filed against non-parents include unlawful detention of a minor and child kidnapping.
Consequences of Conviction for Custodial Interference in Utah
Under most circumstances, custodial interference is a misdemeanor charge in Utah. But if the child is removed and taken across state lines, the offense becomes a felony charge under state law. Any criminal offense, even a misdemeanor, carries the possibility of jail time and significant financial penalties. A variety of potential probation conditions can be imposed by a court if jail or prison time is suspended.
In addition to standard criminal penalties imposed by a sentencing court, a person may have his or her driver license suspended based on a conviction for custodial interference. (See Utah Code 76-5-303 and 53-3-220.) A driver license suspension is a surprising consequence for many people. Perhaps the legislature believes that the threat of a suspended driver license will deter interference with custodial parental rights. But given the fact that the driving privilege and parent time are such unrelated issues, and given the fact that so many individuals are completely unaware of this potential consequence, the effectiveness of this deterrent measure is questionable.
The best attorneys understand your case involves more than just what happens in court.
Affirmative Defense Based on Inability to Provide Support
Utah law establishes an affirmative defense to a charge of criminal nonsupport which is based on evidence that the person charged only failed to provide support because they were unable to. The statute limits this defense by excluding circumstances in which the person charged was “voluntarily” unemployed or under-employed. But if evidence is presented that the person charged was unable to provide support, the burden of proof falls on the prosecution at trial to disprove the elements of the affirmative defense beyond a reasonable doubt.
