Delaware Code

11 Del. C. § 785 (2026)

Interference with custody; class G felony; class A misdemeanor

✓ current as of May 2026

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A person is guilty of interference with custody when:

(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child’s lawful custodian; or

(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.

11 Del. C. 1953, § 785; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 268, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 2 cases, 2014–2014 · leading case: Smith v. Delaware State Police (Del. Super. Ct. 2014).

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Smith v. Delaware State Police (Del. Super. Ct. 2014). · cites it 2× “Tortious Interference with Custody and/or Child Parenting Time (Against Defendant Fausey) In the Complaint, Plaintiff asserts a cause of action for tortuous interference with custody of his children against Defendant Fausey.”

Ozdemir v. State (Del. 2014). · cites it 2× “* * * 3 11 Del. C. § 785. 4 See Appellant’s Exhibits 1–5; see also Appellant’s Appendix at A-5–33.”

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