Interference with child custody or visitation is one of the most common issues divorced parents face. Interference can cause a wide variety of problems because it forces parents to readjust their schedules. It also puts undue stress on a child. The child expects a certain schedule and they suddenly have to adapt to an entirely different one. Here’s what you need to know about child custody and visitation interference and what legal recourse you may have if your ex-spouse interferes with court orders.
There are typically two different types of parental interference — direct and indirect. Direct interference is more serious and involves one parent who physically prevents the child from returning to the other parent at the specified time. The parent may refuse to return the child, may take the child when he or she is not permitted, or even take the child to another state. Canceled visitation and failure to drop off the child at the agreed upon time is also considered direct interference.
Indirect interference is less grave, but can affect the non-interfering parent and the child in many negative ways. The interfering parent may not allow the child to communicate with the other parent. Or, they may not allow the other parent to be involved in the child’s school or extracurricular activities. For older children, asking the child to observe and report back what they see the other parent doing is also considered indirect interference.
How to Stop Parental Interference
If your ex-spouse is interfering with your custody or visitation, contact an attorney to help you remedy the situation. Often, the matter doesn’t need to go to court. In fact, a warning letter from a family lawyer may be all that’s necessary. However, court is an option for parents who don’t comply.
You may be able to request make-up time with your child for time that you have lost due to interference. Other remedies include requesting a modification of the parenting agreement or even imposing fines, court costs, and attorneys fees on the other parent.
Contact Rita T. Jerejian, LLC Today
If you’re facing a situation where your ex-spouse is interfering with your custody and/or visitation, don’t hesitate to act quickly. Contact Attorney Jerejian today for a consultation to discuss your specific case and learn more about your legal options. Call now at .