Defending Against Custody Interference Charges in Florida: Legal Strategies and Defenses That Work

Defending Against Custody Interference Charges in Florida: Legal Strategies and Defenses That Work

Facing custody interference charges in Florida can be a frightening and overwhelming experience. The combination of potential criminal penalties, family court consequences, and damage to the parent-child relationship creates stakes few legal proceedings can match. When a parent finds themselves accused of unlawfully interfering with the other parent’s custody rights, mounting an effective defense requires understanding the legal framework, the available defenses, and the strategic considerations that can affect the outcome of both criminal and family court proceedings.

The defenses available in Florida custody interference cases are often more nuanced than they first appear. While the law treats interference seriously, it also recognizes that not every violation of a custody order or every instance of withholding a child rises to the level of criminal conduct. Genuine safety concerns, miscommunications, technical violations, and other circumstances can provide legitimate defenses that experienced legal counsel can develop into compelling cases for dismissal or reduction of charges.

Understanding the Charges You Face

Before developing a defense strategy, parents accused of custody interference must understand exactly what they are charged with and what the prosecution must prove. Florida Statute 787.03 is the primary criminal statute governing interference with custody, and understanding its elements provides the foundation for effective defense.

The statute makes it a third-degree felony to knowingly or recklessly take, entice, or remove a child from the custody of a parent, legal guardian, or other lawful custodian. Each element of the offense must be proven beyond a reasonable doubt for a conviction to result. The prosecution must establish that the accused person took action with respect to the child, that the action involved taking, enticing, or removing the child, that the action was done knowingly or recklessly, and that the child was in the lawful custody of another person at the time.

Each of these elements provides potential defense opportunities. Cases sometimes turn on whether specific actions actually constitute taking or enticing under the statute, whether the mental state element can be proven, or whether the alleged victim actually had lawful custody at the time of the alleged offense. Skilled defense counsel examines each element carefully to identify potential weaknesses in the prosecution’s case.

The statute also establishes affirmative defenses that, if proven by the defense, can result in acquittal even when the basic elements of the offense are established. The most significant affirmative defense involves circumstances where the action was taken to protect the child from imminent serious bodily harm or to escape from imminent serious bodily harm by the other parent. This defense reflects the law’s recognition that genuine protective concerns can justify what would otherwise be unlawful conduct.

Beyond the criminal charges, parents accused of Florida custody interference often face simultaneous family court proceedings. Civil contempt charges, motions for modification of custody, and other family law actions frequently accompany criminal charges. The defense strategies in these parallel proceedings often intersect, with information and evidence developed in one forum affecting the other. Effective defense requires coordination between criminal defense counsel and family law counsel to ensure that strategies in one proceeding do not undermine the defense in another.

Federal charges add another potential dimension to custody interference cases. The International Parental Kidnapping Crime Act and the Parental Kidnapping Prevention Act create federal offenses that can apply alongside or instead of state charges in cases involving interstate or international elements. Federal charges typically carry their own range of defenses and require specialized counsel familiar with federal procedure and the specific federal statutes involved.

The Imminent Harm Defense

The most significant affirmative defense in Florida custody interference cases involves circumstances where the parent reasonably believed the child faced imminent serious bodily harm. This defense recognizes that the legal system cannot expect parents to ignore genuine threats to their children’s safety while waiting for courts to act. However, the defense is narrower than it might initially appear and requires specific elements to succeed.

To establish this defense, the parent must show that they reasonably believed the child was in danger of imminent serious bodily harm at the time of the alleged interference. The harm must be imminent, meaning that it was about to occur or was occurring at the time of the action. Past harm, no matter how severe, generally does not support this defense unless it suggests imminent recurrence. Future possible harm without imminent danger also typically fails to satisfy this element.

The harm must be serious bodily harm, not minor injury, emotional harm, or general parental concerns. While the legal definition of serious bodily harm is somewhat flexible, courts generally require evidence of risk of significant physical injury rather than mere discomfort or unhappiness. Concerns about a child’s emotional wellbeing, exposure to inappropriate behavior, or other non-physical harms typically do not satisfy this element, though they may support other defense theories.

The parent’s belief must be reasonable, meaning that a reasonable person in similar circumstances with similar information would have shared the belief. Subjective beliefs that the child was in danger, no matter how sincere, do not satisfy this element if the beliefs were unreasonable based on the available evidence. Defense counsel must develop the evidence supporting the reasonableness of the parent’s belief, including specific incidents, observations, professional opinions, or other information that informed the parent’s assessment.

Beyond the basic elements, the imminent harm defense typically requires evidence that the parent took appropriate steps to address the situation through proper channels. Florida law generally expects that a parent with genuine concerns about imminent harm will report those concerns to law enforcement, the Department of Children and Families, or the courts. A parent who simply hides the child without involving authorities often fails to establish the defense, even when underlying safety concerns existed.

The duration and circumstances of the protective action also affect the defense. Brief, targeted action to address specific imminent threats supports the defense more readily than indefinite concealment or actions that continue long after any imminent threat would have ended. Defense counsel must show that the actions taken were proportionate to the perceived threat and ended when the threat was no longer imminent.

Documentation of the underlying concerns becomes crucial for this defense. Records of specific incidents, professional reports, witness statements, photographs, medical records, and other evidence supporting the existence of genuine threats provide the foundation for successful imminent harm defenses. Parents who fail to document their concerns often struggle to establish the defense even when their underlying concerns were legitimate.

Challenging the Mental State Element

Florida Statute 787.03 requires that the interference be committed knowingly or recklessly. Challenging the mental state element provides another potential defense in Florida custody interference cases, particularly when the alleged interference resulted from misunderstanding, miscommunication, or technical violations rather than deliberate conduct.

Knowing conduct requires awareness that the action constitutes interference with another’s custody rights. A parent who does not realize that specific conduct violates a custody order, or who acts based on a reasonable interpretation of an ambiguous order, may lack the knowing mental state required for conviction. Defense counsel can examine the specific custody order, the communications between the parties, and the circumstances of the alleged interference to identify potential challenges to the knowing element.

Reckless conduct involves awareness of a substantial and unjustifiable risk that the action would constitute interference. While this standard is less demanding than knowing conduct, it still requires more than mere negligence. A parent who genuinely believed they were acting within their rights, even if mistaken, may not satisfy the recklessness standard. Defense counsel can develop evidence about the parent’s understanding of the situation and the basis for their actions to challenge the recklessness element.

Ambiguous custody orders frequently provide opportunities for mental state challenges. When custody orders use vague language, contain inconsistent provisions, or fail to address specific circumstances, parents who act based on reasonable interpretations of the orders may lack the mental state required for conviction. Defense counsel often examines the specific language of orders, the history of how the parties have interpreted those orders, and the specific circumstances of the alleged violation to identify ambiguity that supports defenses.

Communication problems between the parties can also support mental state defenses. When the alleged interference resulted from misunderstandings about scheduling, transportation, or other practical matters, the lack of clear communication may negate the knowing or reckless mental state. Text messages, emails, and other communications often reveal the actual state of mind of the parties and can support defenses based on miscommunication rather than malicious intent.

Mistake of fact represents another potential mental state defense. If a parent acted based on incorrect information about the circumstances, that mistake may negate the required mental state. For example, a parent who believed the other parent had agreed to a schedule change may lack the mental state required for conviction even if no such agreement actually existed. The reasonableness of the mistake affects whether the defense applies.

The timing and context of the alleged interference can support mental state defenses. Conduct that occurred during chaotic family circumstances, immediately after court hearings when orders were changing, or during periods of significant transition may not reflect the deliberate or reckless mental state required for conviction. Defense counsel often develops evidence about the broader context to support arguments that the mental state element cannot be proven beyond a reasonable doubt.

Lawful Custody Challenges

The prosecution in custody interference cases must prove that the alleged victim had lawful custody of the child at the time of the alleged offense. Challenging this element provides another potential defense, particularly in complex cases involving conflicting orders, jurisdictional issues, or unclear custody arrangements.

When custody orders from multiple jurisdictions exist, questions about which order controls can support defenses to interference charges. The Uniform Child Custody Jurisdiction and Enforcement Act establishes which state’s orders control in various circumstances, and disputes about jurisdiction can create genuine uncertainty about lawful custody. A parent acting based on a reasonable interpretation of which order controlled may not have interfered with lawful custody as the law defines it.

Custody orders that have been modified, expired, or superseded create similar opportunities for defense. If the order the prosecution relies upon was no longer in effect at the time of the alleged interference, the lawful custody element may not be established. Defense counsel examines the procedural history of custody orders carefully to identify potential issues with the orders being enforced.

Pre-order interference cases present particular challenges for prosecution and opportunities for defense. Before any custody order is entered, both parents typically have equal rights to their children under Florida law. While interference can still be charged in pre-order situations, the absence of a specific order defining custody can support arguments that the interference element cannot be established.

Self-help situations in pre-order contexts require careful analysis. When parents separate without court orders and one parent takes physical custody of the children, the question of whether the other parent had lawful custody at the moment of any subsequent interference becomes complex. Defense counsel can examine the specific circumstances of the separation and the subsequent events to develop arguments about lawful custody.

Joint custody arrangements add complexity to lawful custody analysis. When both parents have legal custody and the alleged interference involves disputes about specific time-sharing rather than complete denial of custody, questions arise about whether the conduct constitutes interference under the statute. Defense counsel can examine the specific custody arrangement and the nature of the alleged interference to develop appropriate defenses.

Procedural Defenses

Beyond defenses based on the substantive elements of the offense, procedural defenses can sometimes result in dismissal or significant reduction of charges in Florida custody interference cases. These defenses focus on whether the prosecution followed proper procedures and whether evidence was obtained lawfully.

Speedy trial issues can arise in custody interference cases, particularly when investigations extend over long periods or when initial charges are amended or refiled. Florida law provides specific time limits for bringing cases to trial, and violations of these requirements can result in dismissal. Defense counsel monitors compliance with speedy trial requirements and raises issues when violations occur.

Statute of limitations defenses apply when prosecutions are not initiated within the time periods specified by law. While custody interference as a third-degree felony generally has a three-year statute of limitations, complex cases sometimes involve questions about when the limitations period began running or whether tolling provisions apply. Cases involving ongoing or repeated conduct can present particularly complex limitations issues.

Search and seizure issues can affect cases involving evidence obtained through searches of homes, vehicles, electronic devices, or other locations. The Fourth Amendment protections against unreasonable searches and seizures apply in custody interference cases as in other criminal matters, and evidence obtained in violation of these protections can sometimes be suppressed. Cases involving searches of phones, computers, or social media accounts often present particularly complex Fourth Amendment issues.

Statements made by the accused can be challenged on various grounds. Statements obtained without proper Miranda warnings during custodial interrogation can be suppressed. Statements that were not voluntary can be challenged regardless of Miranda compliance. Statements made during settlement discussions or other privileged conversations may be inadmissible. Defense counsel examines the circumstances of any statements carefully to identify potential challenges to admissibility.

Discovery violations by the prosecution can provide grounds for various remedies, including dismissal in extreme cases. The prosecution has obligations to disclose evidence to the defense, and failures to comply with these obligations can affect the case. Defense counsel monitors discovery compliance carefully and raises issues when violations occur.

Charging decisions that violate prosecutorial discretion limits or constitutional protections can sometimes be challenged. Selective prosecution claims, claims of vindictive prosecution, and similar arguments may apply in unusual circumstances. While these defenses succeed rarely, they remain available in appropriate cases.

The Role of Family Court Proceedings

Florida custody interference cases rarely exist in isolation. Most criminal charges arise alongside family court proceedings involving custody disputes, modifications, or contempt actions. The relationship between criminal and family court proceedings significantly affects defense strategy and requires coordinated approach to both forums.

Information developed in criminal proceedings often becomes relevant in family court and vice versa. Statements made by the accused in family court can sometimes be used in criminal proceedings. Evidence developed in criminal investigations affects family court determinations. Defense counsel must coordinate strategy across forums to avoid creating problems in one proceeding while addressing the other.

Family court proceedings can sometimes be used to develop evidence supporting criminal defenses. Testimony from witnesses in family court, evaluations conducted as part of custody proceedings, and findings made by family court judges may all support arguments in criminal cases. Strategic use of family court proceedings as part of overall defense strategy requires careful planning.

Conversely, criminal proceedings can affect family court outcomes significantly. Convictions for custody interference create essentially conclusive evidence supporting custody modifications. Acquittals or dismissals in criminal cases can support arguments in family court that interference did not occur. The interaction between criminal and family court outcomes requires defense counsel to consider implications across forums.

Stays of family court proceedings sometimes occur during pendency of criminal charges. The Fifth Amendment privilege against self-incrimination can affect a parent’s ability to testify in family court while criminal charges are pending, sometimes leading to stays of family court proceedings. Defense counsel must consider when stays are appropriate and how to manage proceedings when stays are not granted.

Settlement opportunities sometimes arise that involve both criminal and family court matters. Plea agreements in criminal cases may include provisions affecting family court proceedings. Family court settlements may include provisions designed to resolve criminal concerns. Defense counsel must consider all forums when evaluating settlement options and ensure that settlements in one forum do not create unanticipated problems in another.

Building Your Defense Strategy

Developing an effective defense strategy in Florida custody interference cases requires thorough investigation, careful analysis, and strategic planning. The specific approach varies based on the circumstances, but several elements are essential to most successful defenses.

Comprehensive investigation forms the foundation of effective defense. This investigation includes review of all relevant custody orders and family court records, examination of communications between the parties, identification of potential witnesses, gathering of documentary evidence, and development of factual narrative supporting the defense. The earlier this investigation begins, the more options remain available for the defense.

Identifying favorable witnesses helps develop evidence supporting defense theories. Family members, friends, professionals who have worked with the family, neighbors, teachers, and others may have information relevant to the defense. Witnesses can provide context for the accused parent’s actions, support arguments about state of mind, corroborate accounts of underlying concerns, or otherwise assist the defense. Identifying these witnesses early and securing their cooperation requires prompt action.

Documentary evidence often plays a crucial role in custody interference defenses. Communications between the parties, records of incidents that motivated the alleged interference, professional reports and evaluations, court documents from previous proceedings, and other documentary evidence can support various defense theories. Comprehensive gathering of documentary evidence requires systematic effort and often leads to discovery of evidence the parent did not initially recognize as significant.

Expert witnesses sometimes provide important support for defense theories. Mental health professionals can address questions about the accused parent’s state of mind or about the underlying family dynamics. Custody evaluators may provide professional assessments that support defense arguments. Other experts may be relevant depending on the specific circumstances of the case.

Developing a coherent narrative that explains the accused parent’s actions in a sympathetic light is essential to effective defense. Juries and judges respond to comprehensible explanations of human behavior more readily than to legal technicalities. Defense counsel works to develop a narrative that incorporates the available evidence and presents the accused parent’s conduct in a way that supports defense theories.

Pre-trial motions can sometimes resolve cases without trial or significantly improve the defense position. Motions to dismiss, motions to suppress evidence, motions in limine, and other pretrial motions can affect the case substantially. Defense counsel evaluates available pretrial motions carefully and pursues those that offer reasonable prospects for success.

Plea negotiations may be appropriate in some cases. Not every case can be won at trial, and plea agreements sometimes offer better outcomes than going to trial. Defense counsel evaluates plea options carefully, considering both the likelihood of success at trial and the consequences of various potential outcomes. Plea negotiations also sometimes offer opportunities to resolve criminal and family court matters together in ways that benefit the accused parent.

Common Mistakes to Avoid

Parents facing Florida custody interference charges sometimes make decisions that complicate their defense or worsen their situation. Avoiding these common mistakes preserves defense options and improves the likelihood of favorable outcomes.

Speaking with law enforcement without counsel present often creates serious problems. While well-intentioned parents sometimes believe that explaining their side of the situation will resolve concerns, statements to police frequently provide evidence used against the parent later. Defense counsel can advise on whether and how to communicate with law enforcement and can sometimes facilitate productive communications that protect the parent’s interests.

Continuing problematic conduct during pendency of charges almost always worsens the situation. Parents who continue to violate custody orders, who make threatening statements, who engage in social media battles with the other parent, or who otherwise continue concerning behavior provide additional evidence supporting the prosecution’s case. Defense counsel can advise on appropriate conduct during pendency of charges.

Discussing the case with people other than counsel can create various problems. Statements to friends, family members, new partners, or others can become evidence in the case. These statements can also waive privileges or create new evidence. Defense counsel can advise on appropriate communications about the case during its pendency.

Failing to comply with court orders during pendency of criminal charges creates additional legal exposure. Parents must continue to comply with all family court orders even while criminal charges are pending. Failures to comply can result in additional contempt charges, modifications of custody, or other adverse consequences that compound the original problems.

Inadequate documentation of relevant circumstances often weakens defenses. Parents who fail to document the concerns underlying their actions, who delete relevant communications, who fail to gather supporting evidence, or who otherwise fail to preserve evidence make their defenses more difficult. Beginning systematic documentation immediately upon recognizing the potential for charges helps preserve defense options.

Underestimating the seriousness of the charges sometimes leads parents to make poor decisions about representation, plea options, or other aspects of the case. Custody interference charges carry serious consequences that warrant serious treatment. Working with experienced legal counsel and approaching the case with appropriate gravity protects parents’ interests.

Frequently Asked Questions

What are the maximum penalties for custody interference in Florida?

Custody interference under Florida Statute 787.03 is a third-degree felony, carrying maximum penalties of five years in prison, five years of probation, and fines of up to 5,000 dollars. Federal charges for international parental kidnapping can add up to three years of additional imprisonment. Beyond these statutory penalties, convictions create lasting consequences including criminal records, immigration consequences for non-citizens, professional licensing issues, and damage to custody rights in family court.

Can I defend custody interference charges if I genuinely believed my child was in danger?

Yes, Florida law provides an affirmative defense when a parent reasonably believed the child faced imminent serious bodily harm. To succeed with this defense, the parent must typically show that the belief was reasonable based on available information, that the harm was imminent rather than speculative, that the harm was serious bodily harm rather than minor or emotional injury, and that the parent took appropriate steps to address the situation through proper channels. Documentation of the underlying concerns becomes crucial to establishing this defense.

What should I do immediately if I am charged with custody interference?

The most important immediate step is consulting with an experienced criminal defense attorney before speaking with law enforcement, prosecutors, or others about the case. Avoid making statements about the case to anyone other than counsel. Begin preserving relevant evidence including communications, documents, and other materials that may be relevant to the defense. Continue complying with all family court orders to avoid additional legal exposure. Identify potential witnesses who may have relevant information.

Can I be convicted of custody interference if there was no formal custody order in place?

Yes, Florida custody interference charges can apply even without formal custody orders. Both parents generally have equal rights to their children under Florida law, and one parent cannot lawfully deprive the other of access to the children even before custody orders are entered. However, the absence of a formal order can sometimes support certain defenses, particularly arguments about lawful custody and the reasonableness of the accused parent’s actions.

How does the criminal case affect my custody rights in family court?

Criminal charges and convictions for custody interference typically have substantial effects on family court proceedings. Convictions provide essentially conclusive evidence of interference that supports custody modifications. Even pending charges can affect family court decisions and may result in restrictions on contact with the children pending resolution. Coordination between criminal defense counsel and family law counsel is essential to managing both proceedings effectively.

Will my children have to testify against me in a custody interference case?

Whether children testify depends on the specific circumstances and the nature of the evidence in the case. Prosecutors generally prefer to avoid putting children on the stand when possible due to the potential trauma involved, but children sometimes have unique knowledge of relevant events. Defense counsel may also have strategic reasons for calling or not calling children as witnesses. Various procedural protections exist for child witnesses when their testimony is necessary.

What evidence does the prosecution typically use in custody interference cases?

Prosecution evidence typically includes the relevant custody orders, communications between the parties showing intent or knowledge, testimony from the wronged parent and other witnesses, social media posts or other public statements by the accused, evidence of planning activities like passport applications or financial preparations, statements made by the accused during the interference, and physical evidence such as travel records, hotel receipts, or rental agreements showing the locations of the children during the interference.

Can I get the charges reduced or dismissed?

Charge reduction or dismissal can sometimes be achieved through various means. Pretrial motions challenging the prosecution’s evidence or procedural compliance can result in dismissal in appropriate cases. Plea negotiations may produce reductions to lesser charges with less serious consequences. Successful affirmative defenses can result in acquittal at trial. Cooperation with prosecutors in unrelated matters sometimes affects how charges are handled. The specific options depend on the circumstances of each case.

How long do Florida custody interference cases typically take to resolve?

Resolution timelines vary significantly based on the complexity of the case, the court’s calendar, and the chosen defense strategy. Simple cases that resolve through plea agreements can sometimes conclude within a few months. Cases that go to trial typically take six months to two years to reach final resolution. Cases involving complex evidence, expert witnesses, or extensive pretrial motions can take longer. Federal cases often take longer than state cases.

What are my chances of avoiding jail time on custody interference charges?

Likelihood of avoiding incarceration depends heavily on the specific circumstances. First-time offenders with limited criminal history, cases without aggravating circumstances, situations involving genuine concerns about child safety, and cases where significant defense theories apply often result in probation rather than incarceration. Cases involving extensive interference, interstate or international travel, malicious intent, or aggravating factors are more likely to result in actual jail time. Working with experienced defense counsel improves the chances of avoiding incarceration through various means.

Should I cooperate with law enforcement if they want to speak with me?

Cooperation should generally only occur after consulting with defense counsel. While cooperation sometimes benefits accused persons, it often creates evidence that strengthens the prosecution’s case. Defense counsel can evaluate whether and how to communicate with law enforcement in ways that protect the accused parent’s interests while satisfying any legitimate cooperation goals. Speaking with law enforcement without counsel almost always creates more problems than it solves.

Can a criminal conviction for custody interference be expunged from my record?

Florida’s expunction laws are restrictive, and felony convictions generally cannot be expunged. Cases that result in dismissal, no-information filings, or acquittal may be eligible for expunction or sealing under various circumstances. Even when expunction is not available, some cases may be eligible for sealing, which provides limited protection. The specific options depend on the case outcome and the accused parent’s prior record. Consultation with counsel is necessary to evaluate specific options.

Does it matter if my actions did not actually harm my child?

Lack of actual harm to the child does not generally provide a complete defense to custody interference charges, though it may affect sentencing and other aspects of the case. The statute focuses on interference with the other parent’s custody rights rather than on harm to the child specifically. However, evidence that the child was well cared for during the interference, that no harm resulted from the action, and that the accused parent acted with the child’s interests in mind can support arguments for reduced charges or sentences.

Protecting Your Future Through Effective Defense

Defense against Florida custody interference charges requires careful strategy, thorough preparation, and experienced legal counsel. The complexity of the legal framework, the seriousness of the potential consequences, and the often emotional nature of the circumstances all contribute to the challenges these cases present. However, effective defenses are available in many cases, and parents who engage qualified counsel and develop appropriate strategies often achieve favorable outcomes.

Understanding the specific elements of the offense provides the starting point for any defense. By identifying weaknesses in the prosecution’s case and potential defenses applicable to specific circumstances, defense counsel develops the foundation for effective representation. This analysis must be thorough and must be conducted by counsel familiar with the specific challenges of Florida custody interference cases.

Coordinating defense across criminal and family court forums prevents one proceeding from undermining the other. The strategic decisions made in each forum affect the other, and integrated representation across forums protects the accused parent’s interests in both proceedings. This coordination requires either counsel competent in both areas or close cooperation between criminal and family law counsel.

Maintaining appropriate conduct during pendency of charges preserves defense options and avoids creating additional problems. Compliance with court orders, avoiding new violations, refraining from problematic communications, and otherwise behaving in ways that support rather than undermine the defense strategy all matter significantly. Counsel can provide specific guidance about appropriate conduct during pendency.

Engaging qualified expert witnesses when their testimony will support the defense provides additional support for defense theories. Mental health professionals, custody evaluators, family dynamics experts, and other professionals can address questions important to the defense. Strategic use of expert witnesses requires careful selection and preparation but can significantly strengthen defenses.

Remaining patient through the pendency of charges helps preserve defense options. Florida custody interference cases often take substantial time to resolve, and pressure to resolve cases quickly sometimes leads to suboptimal outcomes. Working with counsel who can manage cases over time and resist pressure to make hasty decisions protects the accused parent’s interests.

For any parent facing custody interference charges in Florida, prompt consultation with experienced defense counsel provides the best foundation for an effective defense. The stakes are too high and the legal complexities too significant to attempt to handle these cases without qualified representation. Quality legal counsel provides not only legal expertise but also guidance through what is often one of the most stressful experiences of a parent’s life. The investment in effective representation typically pays substantial dividends in the outcomes achieved and the protection of the rights and relationships that matter most.

The defenses available in Florida custody interference cases reflect the legal system’s recognition that not every alleged interference involves the type of malicious or harmful conduct the law primarily targets. Genuine safety concerns, miscommunications, ambiguous orders, and other circumstances can all support effective defenses. Parents who work with experienced counsel to identify and develop applicable defenses often achieve outcomes far better than they initially feared possible. While custody interference charges are serious, they are not insurmountable, and effective defense is possible in most cases.

Written by Damien McKinney, Founding Partner

Damien McKinney, Founding Partner and Family Law Attorney in Tampa, FL and Asheville, NC.

Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.