Custodial Interference in Florida

📚 Understanding Custodial Interference in Florida

When one parent unlawfully withholds or removes a child from another parent or guardian who has lawful custody or visitation rights, it can lead to serious legal consequences under Florida law. Simply put, unless a court has terminated their rights, a person who is legally recognized as the child’s parent has a right to custody and/or visitation. Here's a quick breakdown:

🔹 Florida Statute § 787.03 – Custodial Interference
Key cases shaping its interpretation:
• State v. Badalich (1985) – Confirmed criminal liability for custodial interference.
• Costlow v. State (1989) – Emphasized its seriousness as a criminal offense.
• Moseley v. State (2009) – Reinforced that removing a child from lawful custody is illegal.
• Vanegas v. State (2023) – Highlighted ambiguities in how the statute is applied.
🔹 Florida Statute § 787.01(1)(b) – Parental Kidnapping
• Cases like Davila v. State (2011) and Lafleur v. State (1995) show that even biological parents can be prosecuted for kidnapping if they violate custody orders—though these charges are rarely used.
🔹 Other Relevant Florida Statutes
• F.S. 741.28 – Defines domestic violence, which may intersect with custodial interference.
• F.S. 39.01 / 827.03 – Cover definitions and penalties for child abuse and endangerment.
⚖️ Bottom line: Interfering with lawful custody is not just a civil matter—it can carry criminal penalties, even for a biological parent.

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