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Florida custody interference

Intentional Interference with custody rights in Florida

Intentional Interference with custody rights in Florida

Posted by Nydia Streets of Streets Law in Florida Child Custody

What is intentional interference with custody rights in Florida? This is a cause of action for which a third party can be sued for interfering with a parent’s custodial rights of a child. To prove a claim for this cause of action, a parent must show: “(1) the complaining parent has a right to establish or maintain a parental or custodial relationship with his/her minor child; (2) a party outside of the relationship between the complaining parent and his/her child intentionally interfered with the complaining parent’s parental or custodial relationship with his/her child by removing or detaining the child from returning to the complaining parent, without that parent’s consent, or by otherwise preventing the complaining parent from exercising his/her parental or custodial rights; (3) the outside party’s intentional interference caused harm to the complaining parent’s parental or custodial relationship with his/her child; and (4) damages resulted from such interference.” Glegg v. Van Den Hurk, 4D2023-0026 (Fla. 4th DCA January 10, 2024).