STATE V. VAKILZADEN
742 A.2d 767 (1999)
NATURE OF THE CASE: This was an appeal after a dismissal of charges based on custodial
interference.
FACTS: D was charged with one count of custodial interference and one count of conspiracy
to commit custodial interference. The charges arose from a criminal complaint that D aided
and abetted his nephew, H, in interfering with the custodial rights of the nephew's wife, W,
with respect to H's child, Saba. D moved to dismiss the charges based on the fact that H, as
the child's father, was a joint custodian. The trial court granted the motion to dismiss
based on the Marshak precedent. The trial court concluded that the state had not
demonstrated that W was the sole custodian of the child at the time of the alleged
interference. Under a prior court order, H had only limited supervised visitation based on
his risk of flight and his past abusive behavior. Eventually H used the aid of D to distract
H's wife and H took the child from a store in a mall while D was talking to W. D was charged
and those charges were dismissed. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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