Custody disputes can be emotionally charged and legally complex, especially when one parent takes matters into their own hands. Custodial interference is a serious issue in Washington State, with legal consequences that can affect parental rights, child custody arrangements, and even result in criminal charges.

If you or someone you know is dealing with custodial interference, understanding Washington’s laws and knowing your legal options is crucial. In this guide, we’ll break down what custodial interference is, the penalties involved, and what steps you can take to protect your parental rights.

What is Custodial Interference?

Custodial interference occurs when a parent or guardian unlawfully takes, keeps, or conceals a child from their legal custodian, violating court-ordered custody agreements. This can happen in various ways, including:

• Refusing to return a child after a scheduled visitation.
• Taking the child without the other parent’s consent.
• Concealing the child to prevent the other parent from exercising custody rights.

Washington State categorizes custodial interference into first-degree and second-degree offenses, depending on the severity of the violation.

Example Case: Custodial Interference in Action

Consider a case where a mother and father share joint custody of their 7-year-old daughter, as ordered by the court. The father has scheduled visitation every other weekend. One weekend, instead of returning the child on Sunday evening, the mother takes her to a relative’s house in another state and refuses to disclose the location to the father. The father, concerned for his daughter’s well-being, contacts law enforcement and files an emergency petition in court.

Because the mother has knowingly violated the custody order and removed the child from the state without consent, she may face first-degree custodial interference charges, which carry felony-level consequences. In such cases, swift legal action is necessary to enforce custody rights and ensure the child’s safe return.

Washington State Laws on Custodial Interference

First-Degree Custodial Interference (RCW 9A.40.060)

This is the more severe charge and applies when a parent intentionally denies court-ordered custody and either:

• Takes the child out of state to interfere with custody rights.
• Exposes the child to a risk of harm.
• Keeps the child away for a prolonged period.

This is considered a Class C felony in Washington, which can result in up to 5 years in prison and fines up to $10,000.

Second-Degree Custodial Interference (RCW 9A.40.070)

This charge applies when a parent unlawfully takes or withholds a child without aggravating factors such as out-of-state removal or risk of harm. This is considered a gross misdemeanor, carrying penalties of up to 1 year in jail and a $5,000 fine.

Defenses Against Custodial Interference Charges

If you’ve been accused of custodial interference, you may have legal defenses, including:

• Protecting the Child’s Safety – If you took the child to prevent immediate harm, this could be a valid defense.
• Lack of Criminal Intent – If the interference was unintentional or based on a misunderstanding of custody agreements.
• Court Authorization – If you had a legal right to custody at the time of the alleged interference.

However, these defenses require solid legal representation to prove in court.

What to Do If You Are Facing Custodial Interference Issues

Whether you’re dealing with a co-parent violating custody orders or you’re accused of custodial interference, taking the right steps is essential:

1. Document Everything – Keep records of communication, custody orders, and incidents of interference.
2. Contact Law Enforcement – If your child has been unlawfully taken, involve authorities immediately.
3. Consult a Family Law Attorney – A legal professional can help enforce custody orders or defend you against false allegations.
4. File for Contempt of Court – If the other parent repeatedly violates custody agreements, you may need to seek legal enforcement.

Protect Your Parental Rights – Get Legal Help Today

Custodial interference is a serious legal matter that can impact your rights as a parent. Whether you need to enforce a custody order or defend against allegations, having the right legal support is crucial.

At Soriano Law LLC, our experienced Washington State family law attorneys are here to help. We understand the complexities of custody disputes and will fight to protect your rights and your relationship with your child.

📞 Call us today at (360) 249-6174 or a free consultation!