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What Are Florida Laws With Regard to Custodial Interference?

In the state of Florida, custodial interference is considered a serious offense and is addressed under Florida Statutes Section 787.03. Here are some key points regarding custodial interference laws in Florida:

1. Definition: Custodial interference in Florida refers to the intentional taking, enticing, or withholding a minor child from the lawful custodian, guardian, or parent, without permission or against a court order.

2. Criminal Offense: Custodial interference is a criminal offense in Florida and can be charged as a misdemeanor or a felony, depending on the circumstances of the case.

3. Penalties: If found guilty of custodial interference in Florida, the penalties can include fines, probation, and even imprisonment. The severity of the penalties will depend on the specific details of the case and any prior offenses.

4. Enforcement: Florida courts take custodial interference seriously and have mechanisms in place to enforce custody orders and address instances of interference. Courts may issue orders to prevent further interference and may modify existing custody arrangements as necessary.

5. Legal Recourse: If you believe the other parent has engaged in custodial interference in Florida, you can report the incident to law enforcement and seek legal recourse through the family court system. It is important to gather evidence and documentation to support your case.

6. Civil Remedies: In addition to criminal charges, a parent who has been the victim of custodial interference may also seek civil remedies, such as a court order for the return of the child or compensatory damages.

It is crucial to consult with a family law attorney in Florida who is knowledgeable about custodial interference laws and can provide guidance on how to address the situation effectively. They can help you navigate the legal process and protect your parental rights.



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