SB 480: "Georgia Custodial Interference Reform Act"; enact

Georgia currently punishes interference with custody and interstate interference with custody under O.C.G.A. § 16-5-45. This bill, called the Georgia Custodial Interference Reform Act, rewrites that section. It raises the age defining a 'child' from under 17 to under 18, and narrows 'lawful custody' to custody awarded by a court rather than any custody 'inherent in the natural parents.' The bill lets a law enforcement officer who has probable cause issue a citation ordering the person to appear in magistrate court within 72 hours and show documentation proving their conduct was authorized, with a preliminary hearing required within seven business days. It sets tiered penalties, from a misdemeanor fine on a first offense up to a felony with one to five years in prison on a third offense. It rewrites interstate interference with custody as a straight felony tied to violating a court order, and it creates a new felony, punishable by up to ten years in prison, for presenting falsified documents in these proceedings. The changes take effect July 1, 2026 and apply only to offenses committed on or after that date.

• Raises the age that defines a 'child' under the custody interference law from under 17 to under 18 years old.
• Narrows the definition of 'lawful custody' to custody awarded by a court, removing language covering custody 'inherent in the natural parents.'
• Requires police officers with probable cause to issue a citation ordering a suspected offender to appear in magistrate court within 72 hours with proof their conduct was authorized.
• Requires a preliminary hearing within seven business days of any such citation being issued.
• Sets escalating penalties for interference with custody, from a misdemeanor fine up to $1,000 on a first offense to a felony with one to five years in prison on a third or later offense.
• Creates a new felony, punishable by one to ten years in prison and up to a $10,000 fine, for presenting altered or false documents in these court proceedings.

Parents and guardians involved in custody disputes, law enforcement officers who must issue citations and evaluate custody orders, magistrate courts that hold the new preliminary hearings, and service providers such as shelters or child welfare agencies that temporarily house children away from their parents.

Parents accused of interference with custody would face a faster court process, with police required to issue a citation and a hearing held within a week, rather than an arrest without that structured review. Penalties for repeat offenses and for submitting fake custody paperwork would also increase substantially.

• Section 1 gives the bill the short title 'Georgia Custodial Interference Reform Act.'
• Section 2 revises O.C.G.A. § 16-5-45, raising the age defining a child to under 18 and narrowing 'lawful custody' to court-awarded custody.
• Section 2 requires officers with probable cause to issue a citation to appear in magistrate court within 72 hours (excluding weekends and holidays) with proof the conduct was authorized, followed by a preliminary hearing within seven business days.
• Section 2 allows officers to rely on a facially valid, court-certified custody order or parenting plan plus credible information as probable cause.
• Section 2 sets penalties for interference with custody: up to $1,000 fine or 12 months for a first offense, higher fines and possible jail for a second, and one to five years in prison for a third or later offense.
• Section 2 rewrites interstate interference with custody as a felony for knowingly removing a child from Georgia in violation of a court order, punishable by one to five years in prison and up to a $5,000 fine.
• Section 2 creates a new felony for knowingly presenting altered or false documents in these proceedings, punishable by one to ten years in prison and up to a $10,000 fine.
• Section 3 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.

1. 2026-02-10Senate Read and Referred (Senate)
2. 2026-02-09Senate Hopper (Senate)

• John Albers (R, SD-056)Primary sponsor
• Randy Robertson (R, SD-029)
• Jason T. Dickerson (R, SD-021)

• child custody
• criminal law
• family law
• parental rights
• magistrate courts