Could I Be Charged with a Felony for Custodial Interference?

 Posted on March 12, 2025 in Family Law

Most parents who have gone through a divorce and must now parent their children separately while making certain decisions together know it is rarely an easy situation. There are bound to be minor annoyances for both parents. Perhaps one parent dislikes the fact that the other allows the children to stay up until 11:00 p.m. on school nights.

 Or it may drive one parent crazy that the other is always half an hour late for pickups and drop-offs. One parent may allow the children to constantly drink soda, while the other insists on healthy drinks. The list goes on and on. This type of constant bickering between the parents, while not a good thing for the children, is not a criminal offense.

There can be much bigger issues like deliberately denying visitation, being hours "late" to drop the children off, or taking the child to another state without letting the other parent know.  In some cases, these things can be considered custodial interference – a Class I felony, should the court feel it is appropriate.

Under Wisconsin Statute 948.31, custodial interference is defined as any type of interference with a court-mandated custody agreement by a parent or a third party. If your ex-spouse is not following the custody orders outlined in your parenting plan and you have tried talking to him or her to no avail, it could be time to speak to an experienced Milwaukee, WI child custody lawyer.  

What Is Considered Custodial Interference in Wisconsin?

Under the statute, custodial interference is defined as any interference that "causes a child to leave, takes away, or withholds a child for more than 12 hours from the child’s parent."  There are two types of custodial interference: direct and indirect. Direct custodial interference includes the following:

• A parent moves the child to another place in the state or even out of state without the other parent’s permission.
• One parent physically prevents a child from spending time with the other parent.
• A parent picks a child up from school outside of the parent’s scheduled visitation without the other parent’s knowledge.
• One parent consistently brings the child back hours late from visitation.
• A parent deliberately fails to drop off the child to the other parent, disrupting the other parent’s visitation time.

Indirect custodial interference includes:

• One parent prevents the other from participating in the child’s school or extracurricular activities.
• A parent coaches the child to refuse visitation with his or her other parent.
•  One parent prevents a child from communicating with his or her other parent.
• A parent disparages the other parent to the child or in the child’s presence.
• The child is asked by one parent to spy on the other parent’s personal life and report back.

Some of the indirect custodial interference examples can also involve parental alienation. This occurs when one parent attempts to turn the child against the other parent through constant manipulation. In many cases, parental alienation is a way of "getting even with" or exacting revenge on the other parent for real or imagined issues during the marriage. Parental alienation is virtually never the best thing for the child.  

What Remedies Are Available for Custodial Interference?

The courts expect parents to talk to one another regarding minor issues and work out a solution. If the incident of parental alienation is a one-time occurrence, the parents might agree to make up the time elsewhere. If the custodial interference is constant and deliberate, the court may assess fines against the offending parent to pay fines, cause the parent to lose some of his or her own parenting time, or make modifications to the original custody agreement. In severe cases, the court could have the offending parent charged with a Class I felony offense that could result in up to three and a half years in prison and fines as large as $10,000.  

Contact a Waukesha County, WI Child Custody Lawyer

If your ex consistently ignores your custody agreement, it could be time to speak to a Waukesha, WI child custody attorney from Bucher, Wolff & Sonderhouse, LLP. We are a highly client-centered firm with extended availability for your convenience. Call 262-232-6699 to schedule your free consultation.