Vanegas v. State
The Third DCA denied a habeas petition from a mother held without bond on a probation violation premised on a felony charge of interference with child custody under section 787.03(1), arising from her taking the child from a therapy appointment during supervised visitation. The court held that section 787.03(1)'s broad 'whoever' language applies to natural parents, not just non-parents, despite prior dicta in Lindemuth and a Fifth DCA case suggesting subsection (1) was meant to exclude parents and that only subsection (2) (requiring malicious intent) governs parental interference.
Key facts
- Mother was held without bond on a probation violation based on a felony charge of interference with child custody under Florida Statute section 787.03(1), arising from taking a child from a therapy appointment during court-ordered supervised visitation.
- The trial court found the mother acted without lawful authority by exceeding the scope of her supervised visitation rights.
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Why it matters
This opinion resolves—at least within the Third DCA—an ambiguity over whether section 787.03(1) interference-with-custody charges can be brought against a natural parent with intact parental rights, rejecting the view… — full analysis with a trial
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