This bill proposes several updates to the current statutes regarding custodial interference in Arizona. It introduces new language that specifies that a person with joint legal custody of a child commits custodial interference if they act maliciously or in bad faith without lawful justification when taking, enticing, or withholding the child from the other custodian. The bill also clarifies defenses against custodial interference, including circumstances where the child is removed due to abuse or neglect, or if the other parent fails to comply with court-ordered parenting time. Additionally, it establishes that a parent does not commit custodial interference if they have a reasonable belief that the child is in immediate danger, with specific criteria for what constitutes good faith.

Furthermore, the bill modifies the penalties for custodial interference, introducing a Class 1 misdemeanor for first or second violations involving scheduled parenting time exchanges, contingent on the court's findings regarding intentional interference. For a third violation, it escalates the offense to a Class 6 felony under similar conditions. The bill also defines "good faith" in the context of custodial interference, emphasizing the importance of genuine belief based on observable facts or professional guidance regarding the child's safety. Overall, these changes aim to provide clearer guidelines and protections for parents while addressing the complexities of custodial disputes.

Statutes affected:
Introduced Version: 13-1302