Criminal Defense Lawyers

NY Penal Law § 135.45: Custodial Interference in the Second Degree

Child custody cases can often become rather contentious. Ultimately, the judge must render the decision as to custody and visitation between the parents. Nonetheless, there are times when one of the parents disagrees with the decision and chooses to take matters into his or her own hands. If a parent chooses not to follow the custody arrangement by refusing to allow the other parent to have access to the child for a scheduled visit or by failing to return a home child after a scheduled visit, that parent could face a charge of custodial interference.  You could be charged with custodial interference in the second degree under New York Penal Law § 135.45  if you remove a child from his or her legal custodian and you:

• Are related to a child who is younger than 16 years of age,
• Have the intention of keeping the child permanently or for a prolonged period of time, and
• Have no legal right to have the child in your possession.
• Or you take from lawful custody an individual who is incompetent or a person who has been lawfully entrusted to another individual or an institution.

An Example

Per a court order, Clifford has scheduled visitation with his 4 year old child three days every week, while his ex-wife has custody during the other four days of the week. When the time came for Clifford to return the child to his ex-wife’s home, the child begged to remain with her father an extra day. Clifford caved in to his child’s plea. His ex-wife demanded that the child be returned to her right away. Clifford refused to do so. He kept the child with him one extra day and then returned him to his ex-wife. In this case, Clifford would not be convicted of custodial interference in the second degree due to the fact that he did not keep the child for a protracted period. One day is a not long enough period of time to cause Clifford’s actions to amount to custodial interference as defined by the statute.

Offenses that are Related

Custodial interference in the first degree: New York Penal Law § 135.50

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Possible Defenses

If the individual from whom the child was taken did not have lawful custody of the child, you could not be prosecuted for the crime of custodial interference. Alternatively, you may also have a defense against this crime if you reasonably believed that, by violating a custody order, you were protecting the child from physical or emotional harm.

The Sentence

Custodial interference in the second degree is categorized as a class A misdemeanor. The maximum possible jail sentence you could face is 1 year. The judge might decide to sentence you to a term of probation instead of jail time. The probation term you could get would be 3 years.