Interference with custody is a crime in Ohio. The issue comes up when somebody will not return your child to you. This sometimes occurs with relatives or friends of the family who try to assert their wishes to spend (more) time with a child by simply refusing to return the child to his or her parent. A parent may allow a person to visit friends or family , but the visit is over when the parent says it is over.
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Ohio Revised Code 2919.23 says:
(A) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (A)(1), (2), or (3) of this section from the parent, guardian, or custodian of the person identified in division (A)(1), (2), or (3) of this section:
(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one;
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Another example of Interference with Custody may arise when a person, rather than directly refusing to return a child, passively refuses to return a child by blaming the child for the failure to return to the parent. Ohio Revised Code 2919.23 goes on to say:
(B) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
CALL NOW at (614) 225-9316
Often, police are called when there is an interference with custody situation. If the dispute is between two persons who have court ordered time with the child, the police often insist that “it is a civil matter” and tell you to call your lawyer. Interference with Custody is a crime in Ohio, and there is NOTHING in the statute that says that the law does not apply to parents, grandparents or relatives. This appears to be simply a matter of preference on the part of the police that the issue be handled in civil court whenever possible. The police CAN make an arrest if they so desire.
It is sometimes difficult to get the police to prosecute interference with custody, but if they are called to assist and the person doing the interference does not return your child, the police may be willing to do so.
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J says
Hi, do you know if this charge can be brought upon the alienator if the child just turned 18?
N says
A Franklin County 2019 Judgement Entry designated custody with the Ohio parent along with a defined visitation schedule. The non-custodial parent who resides in Arizona, has refused to return the child from their summer visitation to Ohio on 7/31/21 per the original Judgement Entry.
The police have a report and scheduled a mayors court hearing for the noncustodial parent to appear in September. They claim they don’t have the available staff to bring the child back to Ohio. This noncustodial parent has stated she will not return this child. Is this parental abduction /kidnapping and is this a felony?
What else can be done?
L says
Our custody order states the noncustodial parent has first right of refusal when the custodial parent isnt available for more than 3 hours. The weeks my ex has my child, she’s is being sent with dads girlfriends work with the girlfriend instead of coming home, even though I’ve thoroughly communicated I will take my child while both of them are working. I’d like to pursue parental interference immediately.
H says
My kids dad took my 15 year old daughter and gave me back my 12 year old Daugther I called the cops the cops said there was nothing they could do it’s a civil issue.. nothing from cps saying he can’t have them so I have to go to prosecutors in the morning. And he is filing for emergency custody
B says
In Kettering OH, they will reverse enforce child cusotdy orders. For example, they are attempting to charge me with disorderly conduct and treapassing for wanting to execute visitation with my 17 year old daughter who was deliberatly scheduled to work over the court ordered visitation times. So not only will the not enforce or even document custodial interference they will harass and intiminidate a father seeking to do so.
C says
The police told me to take the children to a safe place after they suffered horrible bites from their father who obtained custody by unethical means…i did as i was told by the officer…he told me to take the children to the hospital and have the bites tended to and dont go back to my house until the father was arrested…i did exactly as instucted and i got arrested by a different officer in the same police station out of retaliation bcz he is a friend of the father…if i did return the children and they had been harmed further, i would be prosecuted for not obeying police orders…i did obey and i got arrested…father manipulated a willing court….what can i do…
A.S. says
Hello,
I am a non custodial parent. I am to get my son every Tuesday. He lives in Dayton, i live in Columbus. She has not let me get him 4 of the last 5 weeks. She will also not provide me with her address or his daycare provider information, which i am entitled to based on local parenting rule. What should I do?
M says
Ross County also will not assist beyond taking a report regardless of court orders. They will tell you it’s a civil matter and will only tell you to contact an attorney, or go to legal aide to get papers to file in the court. Court would only give the offender a “slap on the wrist” so to speak, if anything at all.
K says
I had to call the police to help me get my son in Fairfield county but they refused to do anything further in 2012 this continued for over a year trusting my mom while I got on my feet she wouldn’t let me see my son I wasn’t allowed on the property then they filed for emergency immediate custody based on abandonment by I hadn’t seen him my mother now has custody of my son but she let me have him he lived with me from dec 2014 till March 2017 he has sister born in 2015 &2016 we have a family and built relationships she took him back for no apparent reason we didn’t see him for 2 months and then she set up visitation for weekends and didn’t stick to that either my 7 year old now believes that he can’t live with me bc I’m always late and “will be late to my own grave” these aren’t the words of a 7 year old he is being manipulated and brain washed I believe there are many laws that have been broken as well as parental alienation has been on going for the past two years she takes him away for weeks at a time cancels visitations without good reasoning let’s me have him for months at a time then nothing for weeks and weeks but bc custody is at her discretion and I’m a full time student working on my masters degree and a convicted felon with no stable income I don’t matter she says giving birth doesn’t make you a mother it doesn’t give you the rights to be a mother she says being a mother is a privilege and I haven’t earned it I just want my son I want my family back I need help can anyone help me????
C says
Called Darke county sheriff and was told they would do nothing under the law because the county prosecutor says they are not allowed to get involved. therefore Darke county is allowing laws to go unenforced and are not upholding their duty to protect and serve the citizens of the county.
Therefore they are allowing my ex `wife to keep the children past her time and not allowing me to have my children and the sheriff is ignoring the laws of the state and refused to even come out and take a report and would just log down that i called and thats it.
can i sue the Sheriff and the county prosecutor for not enforcing the laws?
B says
My parents keep mentioning a rule 27, but nobody will tell me exactly what my rights are or when my visitation is with my mom. Only one question, can my dad withold visitation if theres a rule 27 in place and I know for a fact my mom has visitation which is every other weekend and wednesdays?
R says
where do I file for interference of custody at against a relative who I let visit with child?