
Custodial Interference is the term used to describe when a parent or family member violates the terms of a custody order by unlawfully removing the child or obstructing the other parent's parental rights.
These interference cases can include taking the child against court orders, hindering the custodial parent’s rights, or disrupting the noncustodial parent’s visitation or parenting time.
In such child custody cases, legal consequences can take place, and the custodial parent can seek law enforcement assistance or petition the court to address these violations. We’ve seen these cases result in change to custody arrangements, sometimes with parents losing their custody or visitation rights altogether.
Examples of Custodial Interference
Custodial interference can occur in various forms. Most commonly, the actions that hinder the agreed-upon custody agreement or the parental rights of one party.
Here are some common examples:
Refusing to release the child for a scheduled visit: As per the court’s allocated visitation time, one parent has to release the child for a scheduled visit. Violating these time frames is considered custodial interference.
Limiting the child’s telephone contact with the other parent: Preventing or restricting the child’s ability to communicate with other parents.
Failing to return the child on a timely basis: Keeping the child beyond the court’s allotted time specified in the custody agreements.
Enticing the child away from the custodial parent: Encouraging or enticing the child to leave the parent with legal custody.
Visiting the child during the other parent’s custody time: Interfering with the other parent’s custodial period by making unplanned visits.
Appearing at the other parent’s residence without notifications: Showing up unexpectedly at the custodial parent’s home for unplanned visits or other reasons can lead to custodial interference.
Taking the child without prior notice or consent: Taking away the child from the custodial parent’s care without permission or legal authority is considered serious custodial interference.
Speaking negatively about another parent: Instigating or engaging the child in aiming against other parents is considered custodial interference.
These actions can be considered violations of a custody order, and the consequences may lead to legal action. However, some circumstances can be considered justified interference. They are:
Protecting the child from danger, even beyond a parent’s control.
Logical reasons for a parent’s control preventing timely transfer, such as bad weather and many other factors.
What Should A Parent Do in A Custodial Interference Case?
If you find yourself dealing with such a case, it’s crucial to take timely and appropriate actions to protect your rights and maintain your relationship with your child. Here are some steps you can take:
1. Document Violations
Keep clear, detailed records of all the instances of custodial interference. Note dates, times, and specific details of each violation event.
On the other hand, you can save all the communications with the other parent, including phone calls, social media messages, texts, letters, emails, etc. that show attempts to resolve the issue.
2. Review Your Custody Order
Ensure your custody and parenting time court order is well-specified to both parents. The allocated time should serve the rights of each parent. Maintaining a specified time will help in reducing further conflicts.
If the order you got from the court is unclear or includes terms like “reasonable” parenting time, you should consult your attorney to get a more specified schedule.
3. Resolve the Issue
It’s not a good experience when anyone encounters events like custodial interference. So, in the first place, try to resolve the issue cordially with the other parent.
Open communication can sometimes help address misunderstandings or disputes about custody agreements. Such a solution can lead to a healthy relationship.
4. Contact Your Attorney
If the issue persists after trying to resolve it in a friendly way, consult with your family law attorney as quickly as possible. They can provide you with guidance on the proper steps and help you understand your legal rights and options.
With the help of your attorney, you can accumulate and organize your documentation to present a petition in court. Let the court take resolving steps and decide what would be right for both parents and child.
5. Seek Court Guidance
If your efforts don’t work, you can seek the court’s guidance by petitioning. Courts can amend custody and parenting time orders to resolve the issue. In this way, with the help of the court, you can prevent custodial interference.
Besides, you can present custodial interference violation evidence of the other parent’s behavior to preserve your custodial rights. Remember, the court cannot provide a justified decision without proper and relevant evidence.
6. Involve Law Enforcement
If the other parent takes your child without prior notice or consent, it’s a violation of the court’s order and is considered a serious offense. In such cases, you can contact law enforcement for assistance in returning your child. You can ask for immediate law enforcement in some unwanted events like parental kidnapping.
7. Protect Your Child’s Overall Well-Being
Maintaining a positive relationship with your child is important despite the adverse situation. The negative impression on a child’s mind makes a deeply negative impact in the long run.
Therefore, it’s crucial to maintain your child’s overall well-being. Give them enough time and company so that they don’t feel alone. So before jumping to legal action, always protect your child from conflicts and ensure they feel secure and loved and are not alone.
8. Know the Legal Consequences
Custodial interference can lead to a serious offense, especially if it involves the forced taking of a child to an unknown place. In such a situation, penalties can include significant fines and imprisonment. In the time of separation or custodial agreements, it’s important for both parents to acknowledge the legal consequences clearly.
With these steps, you can effectively resolve custodial interference and protect your parenting time. You must ensure you and your child have the necessary time to build and maintain a strong relationship in adverse situations.
How Can You Document Custodial Interference?
To tackle custodial interference incidents, gathering solid proof to support your case is vital. Attorneys often advise on necessary documentation and surveillance methods to establish a pattern of behavior to present to the court. Here’s what you need to know:
1. Consult Your Attorney
In the case of custodial interference, you can start by consulting your family law attorney. They can guide you on what specific types of evidence are needed to build a strong petition. With proper steps, you can resolve the issues before making things worse.
2. Documenting Behavior
As previously mentioned, you can keep a detailed record of each incident of custodial interference, such as noting down the date, time, and any visual records of the incidents.
Organize all relevant communications with the other parent, including emails, texts, letters, phone calls, etc. This evidence can show attempts to resolve the issue and other parent’s responses. Your family attorney can take essential steps to resolve the issue with this evidence.
3. Surveillance Evidence
Surveillance can provide concrete evidence of such a case. The types of surveillance evidence can vary depending on the situation. You can gather evidence at your convenience.
You can track the GPS of another parent’s car if available. This type of surveillance is allowed and can provide precise information on movement and locations.
If GPS tracking is not an option, manual stationary surveillance can be used. Such surveillance involves observing and recording the other parent’s actions and whereabouts.
4. Amount of Evidence Required
Your attorney will advise you on how much evidence is required to establish a pattern of custodial interference. Here, consistency, relevant, and thorough documentation are vital to make a relevant and strong petition.
By following these steps and working closely with your attorney, you can effectively gather documentation on custodial interference. This not only helps you protect your parental rights but also ensures your child's best interest.
Final Thoughts
Relationship hurdles often bring stressful events to the child, which can have a negative impact on their mental and personal growth. This is where the court allocates the appropriate parental timing for separated parents.
Thus, dealing with custodial agreement violations becomes crucial to protect your rights and maintain a stable and loving relationship with your child. With proper steps, you can resolve the issues which were discussed in detail in this article.
If you suspect custodial interference, act quickly, consult your family attorney, and take the necessary steps to preserve your parental rights and the overall well-being of your child which starts with hiring a professional private investigator to document evidence.
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