The process of determining the custody rights of a separated or divorcing couple is a challenging and emotionally charged issue. Both parents have the right to maintain a healthy and close relationship with their kids. During a divorce, these competing rights might seem to be at odds.
What’s custodial interference?
The parent, with custody rights of a kid, is expected to handle many tasks, has specific responsibilities, and the freedom to engage in different activities. These rights are granted by the relevant laws of the state where the parent resides. The other parent (with no sole or primary custody rights) usually has a visitation right or some form custody of the kid. His or her custody rights are not equal to the parent with primary custody.
Any form of interference in custody rights that causes issues with the parental plan can result in contempt of court and other relevant legal penalties. The law allows the custodial parent to contact law enforcement officers for illegal activities. Also, the parent can petition the court whenever the noncustodial parent is in violation of custodial rights.
Custodial interference comes in different forms. It’s possible to commit interferences that are legal or against the custodial parent’s rights. Some of the common interferences include failure to release the child back after a visit, limiting communication with the other parent, and letting the child miss school. Any attempts to entice the kid to get away from the custodial parent is also a form of interference.
There are numerous actions that interfere with custody but are within the legal rights. For example, protecting your kid from violence from your ex-spouse, using violence to stop various forms of violence, and more. Some situations might be outside the control of one parent. For example, a special event might last longer than expected, the other parent poses a danger to the child, or it’s been snowing all day long. These are all valid interferences that the law cannot inhibit and provides for.
There are other instances when one of the parents violates the custody or time-sharing orders, and their actions cannot be justified. Whenever invalid interferences occur, the affected parent can report the matter to the court, inform the law enforcement officers, and seek relevant help depending on the situation. Indeed, he or she can petition the court to change the visitation rights or alter the custody agreement if the unacceptable interference is a repeated problem.
In some cases, law enforcement officers may arrest and detain the other parent if they attempt to hurt the other parent. Depending on the nature of the situation, the parent may need an experienced family law attorney for legal remedy.
The legal consequences
It’s recommended to seek legal help when the other parent causes invalid interference. This often ends up with an attorney petitioning the court and presenting sufficient evidence of the interference. If the court finds it necessary, he or she may change the custody agreement through primary or joint custody and restrict the party who has been causing interference.
Additionally, the visitation rights may require limitations if your former partner cannot return the kid on the right times or days repeatedly. Remember, it will take more than a single event to convince that judge that your ex-spouse has been violating visitation or custody laws.
If you have been facing different challenges just because your former spouse cannot adhere to the visitation or custody laws, it’s time to consult with a good family law attorney. The lawyer can help determine the right course of action, depending on various circumstances.