Parents may lose their parenting privilege and authority, or even subject to criminal charges, if they repeatedly make visitation interference. A parent will commit Custodial Interference in the Second Degree under New York Penal Law § 135.45, and he or she would be published by up to one year in jail and/or a fine not above $1,000, if he or she:
• Being a relative of a child less than sixteen years old, intending to hold such child permanently or for a protracted period, and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; or
• Knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.
Moreover, he or she will commit Custodial Interference in the first-degree New York Penal Law §135.5, if, in addition to the conducts listed above, he or she also:
• With intent to permanently remove the victim from this state, he removes such person from the state; or
• Under circumstances which expose the victim to a risk that his safety will be endangered or his health materially impaired.
If a parent commits the Custodial Interference in the First Degree, he or she will be published by up to four years in prison and/or be liable for a fine not exceeding $5,000.
Parents of Custodial Interference cases are strongly advised to seek legal assistance from a New York divorce attorney. Please feel free to call Gordon Diefenbach, an attorney in Manhattan who has been handling these kinds of cases for nearly 30 years for a free assessment. The 24-Hour Hotline is (917) 734-7111. We will either speak with you the moment you call or will return your call within a matter of hours.