Custodial interference is charged when the defendant keeps a child from the lawful custody of another and knows or should know that he/she has no legal right to do so, even if the defendant is a parent of the child.
If the defendant returns the child without injury prior to arrest the custodial interference charge can range from a Class 1 Misdemeanor up to a Class 6 Felony. In many cases custodial interference is charged with a more serious crime, such as kidnapping.
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