Reasons Why Someone May Withhold a Child From a Custodial Parent in Arizona

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There are several negative consequences of withholding a child from a custodial parent in Arizona. We will address these consequences and discuss some alternative options you may have to depend upon in your particular circumstance.

The first issue to address the reasons why a parent may want to withhold a child from the custodial parent. Some parents may believe the child may be in danger of some form of harm if he or she is given back to the custodial parent.

In other cases, a child may not want to return to his or her custodial parent.

Lastly, some people withhold their child from the custodial parent because of an effort to try to control the situation.

Legal Consequences of Withholding a Child From a Custodial Parent in Arizona

It is important to know there are civil, criminal, and other negative consequences of withholding a child from the custodial parent.

It is important that you understand those consequences before you make the decision not to return a child to the child’s custodial parent in Arizona. Failing to handle such a situation correctly can result in unforeseen problems.

Criminal Penalties for Refusing to Return a Child to a Custodial Parent

From a criminal perspective, you could be charged with a misdemeanor and arrested for refusing to follow the court’s orders by not returning the child to the custodial parent. If law enforcement believes you kidnapped your child, you could face felony criminal charges and potential time in prison.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Civil Penalties for Refusing to Return a Child to a Custodial Parent

From a civil law perspective, the problems you may face is the family court may limit you to supervised parenting time in the future or even limit your parenting time with your child. Failure to follow a court order regarding parenting time could also result in the court finding you to be in contempt of court and, among other things, may order you to pay your ex’s attorney fees.

What You Need to Do if You Feel You Have to Withhold a Child From a Custodial Parent in Arizona

Withholding Child From Custodial Parent in Arizona.

What are your options if you believe your child will be in danger if you don’t withhold him or her from the custodial parent? The good news is that you have options.

We strongly recommend you consult with a qualified family law attorney regarding the following options before deciding to refuse to return a child to his or her parent.

Obtain an Emergency Child Custody Order

The first option is to file an Emergency Petition with the court to modify the parent’s access to your child. That is done by filing an Emergency Petition and delivering it, along with a court order, for the judge to read.

If the judge believes your child will be in danger, he or she will issue an emergency order changing the parenting time arrangements to protect your child.

Obtain an Order of Protection to Prevent the Custodial Parent from Having Contact with a Child

Another less desirable approach is to file a Petition for an Order of Protection preventing the custodial parent from coming into contact with your child.

If an Order of Protection is granted, the custodial parent will be arrested if they violate that order. The reason this is a less desirable option is that judge’s frown on granting these Orders of Protection because the proper method is to file a Petition for Emergency Child Custody.

Our Arizona Child Custody Attorneys

If you have questions about withholding a child from custodial parent in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.

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Chris Hildebrand

Chris Hildebrand

Chris Hildebrand wrote the information on this page about the repercussions of withholding a child from the custodial parent in Arizona to ensure everyone has access to information about the divorce process in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award.