Be careful not to engage in custodial interference

Be careful not to engage in custodial interference

| May 10, 2021 | Family Law |

Many divorcing parents have one single focus when the need arises for them to work out a parenting plan: They want a parenting plan that suits their needs and the needs of their children.

Unfortunately, it can be difficult to get everything you want in a parenting plan, and you may find yourself back in court over the years over various disputes. One thing you want to avoid, however, is any type of custodial interference.

What constitutes custodial interference?

Most situations in which a parent tries to obstruct their co-parent from gaining access to their mutual children may rise to the level of custody interference. 

Why do parents interfere with custody?

There are many reasons why a mom or dad might deprive their co-parent of custody. They often do so to leverage additional child support or parenting time with their child. Know that it’s generally unlawful for parents to withhold custody in either one of these situations. In fact, any deviation from your parenting plan constitutes a violation of a court order. 

What might happen to a parent who engages in custody interference?

Judges try to keep both parents in their kids’ lives whenever possible — and they don’t look too fondly upon parents who violate their orders.

A judge may order the suspension of a parent’s driver’s license or garnish their wages to ensure that they comply with their court order. The court may also deprive a parent of custody for withholding custody of their child. Know that it can be challenging to regain custody once you lose it. 

What if your ex is withholding custody of your child?

While your ex should always abide by your parenting plan, things may happen that require you to be flexible on occasion. It may be necessary for you to consult with an attorney if your ex seems to intent on repeatedly withholding custody or violating your parenting plan. Your attorney can recommend that you petition the court for a modification hearing in your case.