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Florida Criminal Offense

Interference With Custody

Taking or enticing a minor or incompetent person from a lawful custodian, or committing the separate no-court-order custody-interference track.

FelonyThird Degree

Florida Statute

§ 787.03

Interference with custody

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

First determine whether a custody or visitation order exists. The applicable track changes the required conduct, relationship, and mental state; also check every statutory defense and the domestic-violence safety exception.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Interference With Custody — Lawful-Custodian Track

F.S. § 787.03(1)

FelonyThird Degree

Knowingly or recklessly taking or enticing, or procuring another to take or entice, a minor or incompetent person from a parent, guardian, public agency having lawful charge, or other lawful custodian without lawful authority.

Interference With Custody — No-Court-Order Track

F.S. § 787.03(2)

FelonyThird Degree

A qualifying parent, stepparent, legal guardian, or relative with custody maliciously taking, detaining, concealing, or enticing away a minor or incompetent person to deprive another person of custodial rights when no custody or visitation order exists.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    OR — Alternative

    Track A — prove all required facts and one conduct alternative

    Without lawful authority, the defendant knowingly or recklessly took or enticed a minor or incompetent person from a parent, guardian, public agency having lawful charge, or other lawful custodian; or aided, abetted, hired, or otherwise procured another to take or entice that person.

    Plain language: For the custody-order or lawful-custodian track, prove one listed conduct alternative, lack of lawful authority, the protected person's status, and the lawful custodian.

  2. Element 2
    OR — Alternative

    Track B — prove all required facts and one conduct alternative

    When no custody or visitation order existed, the defendant was a qualifying parent, stepparent, legal guardian, or relative with custody who took, detained, concealed, or enticed away a minor or incompetent person with malicious intent to deprive another person of custodial rights.

    Plain language: This separate no-order track requires all five facts in Instruction 9.3(b), including qualifying relationship, no existing order, and malicious custodial-deprivation intent.

Jury Instructions

Instruction 9.3(a)

Interference With Custody From a Parent, Guardian, or Custodian

Florida Standard Jury Instruction for the F.S. § 787.03(1) lawful-custodian track; adopted December 12, 2025.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Instruction 9.3(b)

Interference With Custody in the Absence of a Court Order

Florida Standard Jury Instruction for the separate F.S. § 787.03(2) no-court-order track; adopted December 12, 2025.

View Official Instruction

Verified against the official instruction source: September 13, 2026

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.