The crime of Deprivation of Child Custody or Right to Visitation can be charged against a person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody. In extreme cases charges may accompany Kidnapping or Child Endangerment. Examples of Deprivation of Child Custody or Right to Visitation include failing to return children to the custodial parent after a summer holiday or a child is placed in a group home and their parent persuades them to sneak out or prevention of a parent from exercising lawful visitation rights.
What does the prosecutor have to prove?
1. Defendant had a right to physical custody or visitation with a child pursuant to an order, judgement or decree of court.
2. The order, judgement, or decree also granted another person, guardian or a public agency a right to custody or visitation with that child.
3. Defendant detained, concealed, took, or enticed away the child with the specific intent to deprive the other person, or agency of his or her right to custody or visitation. [PC 278.5]
With probation 0-364 days
Misdemeanor: 0-364 days