Custodial Interference in Interstate Custody

[lawfacts]

A father has primary custody of his teenaged child, while his ex-wife lives in another state. She recently enticed the child to travel from the father's state, Georgia, to her state of Utah, and paid for the cost of transportation. Can the father have her charged with custodial interference?

[Mr. Knowitall]

The father should take a copy of his custody order to the police for them to review, in light of the terms of the order and the child's age, to determine if a crime occurred and if a prosecutor should review the matter for possible prosecution under OCGA Sec. 16-5-45. He can also file a motion for enforcement of the custody order, and possibly also for a contempt finding against his ex-, then seek its enforcement in the state in which the child is presently located.

If the teen is seventeen, the father needs to consider whether it is time to let the child make some mistakes and learn from experience, rather than spending thousands of dollars trying to compel the return of a child who may be on the verge of adulthood (or over eighteen and thus able to choose where he or she lives) by the time the litigation is done.