Indiana statute

Ind. Code § 35-42-3-4 — Interference with custody

Current through 2026 Regular Session

Part of Chapter 3: Kidnapping and Confinement, Indiana Code.

Criminal charges under this statute

Interference with custody

Full text of Ind. Code § 35-42-3-4

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-42-3-4Primary source, current through the 2026 Regular Session

Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally: (1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana; commits interference with custody, a Level 6 felony. However, the offense is a Level 5 felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Level 4 felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person. (b) A person who with the intent to deprive another person of custody or parenting time rights: (1) knowingly or intentionally takes; (2) knowingly or intentionally detains; or (3) knowingly or intentionally conceals; a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order. (c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal. (d) The offenses described in this section continue as long as the child is concealed or detained or both. (e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child. (f) It is a defense to a prosecution under this section that the accused person: (1) was threatened; or (2) reasonably believed the child was threatened; which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.

Official sources

Legal terms used in this section

Questions this section answers

Is interference with custody a felony or a misdemeanor in Indiana?

It depends on the circumstances: interference with custody ranges from a Class C Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-42-3-4.

Interference with custody - base offense (removal out of state or failure to return): Level 6 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - victim under 14 and not offender's child: Level 5 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - armed with deadly weapon or serious bodily injury: Level 4 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - taking, detaining, or concealing a minor: Class C Misdemeanor (Ind. Code § 35-42-3-4(b)) · Interference with custody - taking, detaining, or concealing in violation of court order: Class B Misdemeanor (Ind. Code § 35-42-3-4(b))

Which Indiana statute covers interference with custody?

Interference with custody is governed by Ind. Code § 35-42-3-4 (Interference with custody).

This reference is informational and is not legal advice.