Generally, custodial interference occurs when someone tries to disrupt the custodial rights of a parent. While it doesn’t always involve one parent against another (Grandparents or new spouses can sometimes interfere), it is most often the case.
Child custody is one of the topics in divorce cases that cause intense emotions and can create bitter feelings and resentment if the courts don’t rule how one party hoped. There are occasions where one parent will use the children to “get back” at the other parent, or leverage them to keep control over the other parent.
Interference with custody orders is often a big problem with parents who have split and may even lead to criminal consequences.
Custodial interference can occur in several ways:
- Refusing the other parent a scheduled visit
- Limiting or refusing phone contact
- Failing to return the child in a timely manner
- Visiting the child outside of established visitation times.
Of course there are certain situations where interference is not illegal, such as:
- Protecting the child from danger
- Unintentionally failing to return child on time (such as weather events or traffic delays)
- Previously agreed to situations (family vacations etc.)
What Do to When Dealing with Child Custody Interference
If the interference is a deliberate attempt to keep the rightful parent from exercising his or her custodial rights, then there are actions that can be taken. The parent is entitled to report custodial interference to the court as well as law enforcement. He or she can petition the court to write new specific orders, get make-up visitation, or go to mediation. If these remedies don’t prevent further interference, then the courts may decide to order supervised visitation, restrictions or loss of visitation or custody, or even fines and fees. In some states custodial interference may be charged as a criminal offense.
Contact the Phoenix Family Law Offices of Ronald L. Kossack
If you are dealing with an interference of your custodial rights, then you need to take action. If you feel that your children are being neglected, abused, or are in danger in some way then contact your attorney to find out what steps you can legally take to protect the well-being as well as your relationship with your child/children. Call the Law Offices of Ronald L. Kossack at 480-345-2652 or contact us online.