Florida LEO Field Guide
Back to all crimes
Florida Criminal Offense

Interference With Custody

Taking, enticing, detaining, concealing, or procuring the taking of a minor or incompetent person from lawful custody under a statutory custody-interference track.

FelonyThird Degree

Florida Statute

§ 787.03

Interference with custody

View Official Florida Statute

Quick Summary

Identify the lawful-custody status, the defendant's conduct and required mental state, and any statutory protection or defense based on welfare or domestic-violence circumstances.

Elements of the Offense

  1. Element 1

    Without lawful authority, the defendant knowingly or recklessly took, enticed, detained, or concealed a minor or incompetent person from the person's lawful custodian, or procured that conduct.

    Plain language: Start with lawful-custody status, the person taken or detained, and the defendant's conduct and mental state.

  2. Element 2

    Alternatively, when no custody or visitation order exists, a parent or person with lawful custody maliciously took, detained, concealed, or procured the taking of a minor with the intent to deprive another person of custodial rights.

    Plain language: This is a distinct no-order track with its own relationship, intent, and maliciousness requirements.

Jury Instructions

Instruction 9.3

Interference With Custody

Florida Standard Jury Instruction for F.S. § 787.03; select the applicable custody-interference track.

View Official Instruction

Important Definitions

Lawful Custodian

The person or entity with lawful custody whose custody is protected by the applicable statutory track.

Additional Notes

Quick Reference

Determine whether a custody or visitation order exists before selecting a statutory track. Document the custody status, relationship, conduct, destination, and the defendant's stated purpose.

Defense and Safety Alert

F.S. 787.03 contains defenses and exceptions, including specified circumstances involving protection of a minor's welfare or domestic violence. Do not treat a custody dispute as a charge determination without checking the full statute and relevant order.