custodial interference

HB2967 - 572R - I Ver

REFERENCE TITLE:
custodial interference

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2967

Introduced by

Representatives
Blackman: Keshel

AN
ACT

AMENDING SECTION 13-1302, ARIZONA
REVISED STATUTES; RELATING TO KIDNAPPING AND RELATED OFFENSES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1302, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1302.

Custodial interference; child born out of wedlock; classification;
definition

A. A person commits custodial interference if,
knowing or having reason to know that the person has no legal right to do so,
the person does one of the following:

1. Takes, entices or keeps from lawful custody any
child, or any person who is incompetent, and who is entrusted by authority of
law to the custody of another person or institution.

2. Before the entry of a court order determining
custodial rights, takes, entices or withholds any child from the other parent
denying that parent access to any child.

3. If the person is one of two persons who have
joint legal custody of a child,
acts maliciously or in bad faith
without lawful justification and
takes, entices or withholds from
physical custody the child from the other custodian.

4. At the expiration of access rights outside this
state, intentionally fails or refuses to return or impedes the return of a
child to the lawful custodian.

B. If a child is born out of wedlock, the mother is
the legal custodian of the child for the purposes of this section until
paternity is established and custody or access is determined by a court.

C.
It is a defense to a prosecution
pursuant to

Notwithstanding
subsection A
, paragraph 2

of this section, a person who is
the child's parent does not commit custodial interference
if
both

any
of the following
apply
applies
:

1. The defendant has begun the process
to obtain an order of protection or files a petition for custody within a
reasonable period of time and the order of protection or petition states the
defendant's belief that the child was at risk if left with the other parent.

1. During court-ordered parenting
time, the child leaves or is removed from the parent�s custody due to the
child's physical abuse, emotional abuse, coercive control, sexual abuse or
neglect.

2. The receiving parent fails to
appear for a scheduled parenting time exchange or pickup in accordance with a
court order or fails to appear within thirty minutes of the scheduled PARENTING
TIME exchange or pickup time and fails to notify the other parent of
extenuating circumstances.

3. The defendant has filed a petition
for an order of protection or for custody and the petition states the
defendant's reasonable belief that the child is at risk of immediate danger if
left with the other parent. �The filing of a petition for an order of
protection or for custody alone does not establish good faith and does not
constitute a defense if the court finds that there is probable cause to believe
that the filing was retaliatory, coercive or undertaken for the purpose of
interfering with lawful custody or access.

2.

4
. The
defendant
is the child's parent and
has the right of
custody and the defendant either:

(a) Has a good faith and reasonable belief that the
taking, enticing or withholding is necessary to protect the child from
immediate danger
, including actions that are taken in reliance
on advice or recommendation, in writing or on record, and that are made
contemporaneously with the alleged risk to withhold the child from a medical
provider, mental health professional, school official, law enforcement officer
or child safety professional
.�
for the purposes of this
subdivision:

(
i
) Good faith
may be inferred from objective, articulable facts that support a reasonable
belief that the child was at risk.

(
ii
) May not be
inferred if the court finds that there is probable cause to believe that the
conduct was retaliatory, coercive or lacking a reasonable factual basis
.

(b) Is a victim of domestic violence by the other
parent and has a good faith and reasonable belief that the child will be in
immediate danger if the child is left with the other parent.

5. There are any pending
investigations or any findings as prescribed in section 25-403.03.

6. Title 12, chapter 7, article 4
applies, including due process when contempt is punitive.

D. Subsection A, paragraphs 2 and 3 do not apply to
a person who is the child's parent if both of the following apply:

1. The person has filed
an order of
protection or
an emergency petition regarding custodial rights with the
superior court and has received a hearing date from the court.

2. The person has a good faith and reasonable belief
that the child will be in immediate danger if the child is left with the other
parent
, including actions taken as prescribed in Subsection C,
paragraph 4, subdivision (
a
) of this section
.

E. A violation of this section is:

1. A class 3 felony if committed by a person other
than the parent or agent of the parent or custodian or agent of the custodian.

2. Notwithstanding paragraph 3 of this subsection, a
class 4 felony if the child or incompetent person is taken, enticed or kept
from lawful custody out of this state by the parent or agent of the parent or
custodian or the agent of the custodian
with the intent to keep
the child from the other parent to relocate, regardless of duration, only if
the court finds that probable cause exists that the violation involved
intentional interference or was undertaken in bad faith with lawful custody and
was not motivated by a good faith belief regarding the safety of the child or
the incompetent person
.

3. A
class 6 felony if committed by a parent or agent of the parent or custodian or
agent of the custodian.

4. A class 1 misdemeanor if the child
or incompetent person is voluntarily returned without physical injury by the
parent or defendant or the agent of the parent or defendant no later than
forty-eight hours after the parent or defendant takes, entices or keeps from
lawful custody the child or incompetent person.

3. For a first or second violation
involving a scheduled PARENTING TIME exchange, a Class 1 misdemeanor,
punishable by a $500 fine only, if the court finds that probable cause exists
that the violation involved intentional interference or was undertaken in bad
faith with lawful custody and was not motivated by a good faith belief
regarding the safety of the child or the incompetent person.

4. For a third violation involving a
scheduled PARENTING TIME exchange, a Class 6 felony only if the court finds
that probable cause exists that each prior violation involved intentional
interference or was undertaken in bad faith with lawful custody and was not
motivated by a good faith belief regarding the safety of the child or the
incompetent person.

F. For the purposes of this section,
"Good faith" means a genuine belief, based on articulable facts,
child disclosures, observed behavior, professional guidance, including actions
taken as prescribed in Subsection C, paragraph 4, subdivision (
a
) of this section, or prior history that a child may be at risk
regardless of whether abuse is ultimately substantiated.
END_STATUTE