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REFERENCE TITLE: custodial interference |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2967 |
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Introduced by Representatives Blackman: Keshel
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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:
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.