Custodial Interference State Code

Utah State Code addresses this situation in the following section and identifies the elements of the crime of Custodial Interference as follows:

76-5-303. Custodial interference.

(1) A person, whether a parent or other, is guilty of custodial interference if, without good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent, guardian, or other lawful custodian:
(a) knowing the actor has no legal right to do so; and
(b) with intent to hold the child for a period substantially longer than the parent-time or custody period previously awarded by a court of competent jurisdiction.
(2) A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent jurisdiction which grants to another person parent-time, visitation, or custody rights, and without good cause the actor conceals or detains the child with intent to deprive the other person of lawful parent-time, visitation, or custody rights.
(3) Custodial interference is a class A misdemeanor unless the child is removed and taken from one state to another, in which case it is a felony of the third degree.

Amended by Chapter 255, 2001 General Session

As this law reads in Section (1)(b), it is a violation to intentionally “hold the child for a period substantially longer than the parent-time or custody period”. This allows for an interpretation of the definition of “substantially longer” and would have to be evaluated on a case-by-case basis. A violation of Section (2) addresses when the parent or guardian has actual physical custody and does not allow the other parent to have visitation or parent-time. This section also requires interpretation by a prosecutor to determine if the parent with actual physical custody “without good cause…conceals or detains the child with intent to deprive”.