Alabama Law Explained: Interference with Custody (13A-6-45)

 If you're charged with interference with custody, dealing with a custody dispute, or just trying to understand the law, you should familiarize yourself with this law.

What Is Interference with Custody? 

Interference with Custody is a criminal charge under Alabama law. It can apply in several situations. 

Here's the basic idea:

If someone knowingly takes or entices a child under 18, or an incompetent person, away from their legal custodian, without the custodian's consent, that's interference with custody.

This can apply to parents, relatives, or even third parties who take part in the removal.

Common Scenarios 

Here are a few examples where this charge might come up:

A non-custodial parent picks up their child from school without the custodial parent's permission.

A grandparent takes the child for a visit and refuses to return the child on time.

A family friend helps someone flee with a child during a custody dispute.

Even if your intentions were good, if you don't have legal authority, this can lead to criminal charges.

Penalties and Legal Consequences 

In Alabama, Interference with Custody is a Class A misdemeanor. That means:

Up to 1 year in jail

Fines up to $6,00

A person convicted of this crime may face imprisonment for up to a year, or they may be subject to a combination of probation, fines, and other penalties. 

And if the person is taken out of state, or if the situation escalates, it could potentially open the door to felony-level charges like kidnapping, especially if the child is concealed or transported unlawfully.

You should be aware that there is a Federal Parental Kidnapping Act, which can result in far more severe consequences for a person convicted under federal law.

Defenses and Legal Strategy 

Of course, every case is different, but here are examples of a few possible defenses that might come up

Lack of intent: You didn't knowingly violate custody rights.

Mistake of fact: You believed you had permission.

Emergency: You took action to protect the child from harm.

If you've been charged with interference with custody, you should contact a lawyer familiar with this area of the law.