Child Custody And Visitation Interference

Posted on: 20 March 2023

Divorced or unmarried parents should do their best to create and follow the child custody and visitation agreement. Actions or inactions interfering with the agreement are bad for the kids and can create legal problems. Here are examples of such interference.

Failing to Drop a Child After Visitation 

A parent interferes with visitation or custody when they fail to deliver the child as per the agreement. Consider a custody and visitation agreement that requires the other parent to pick up the child on Friday evening and drop them off on Sunday evening. The parent might be guilty of interference if they pick up the child as per the schedule but then keeps them until Monday.

Picking Up a Child Without Permission

The court requires you to respect the custody and visitation agreement at all times. Any deviation from the agreement requires both parents to agree. Therefore, a parent who deviates from the agreement without consulting the other is guilty of interference. An example is a noncustodial parent who comes to your house when you are away and picks up the child.

Relocating or Traveling With a Child Without Permission

A parent who wants to relocate or travel with a child must get permission from the other parent. The parents may also need to modify the custody and visitation agreement for the permanent relocation. Thus, picking a child and moving to another state without informing or agreeing with the other parent is interference.

Alienating the Child From the Other Parent

Parental alienation, a form of custody interference, occurs when one parent casts the other parent in a bad light to damage the parent's relationship with the child. For example, a parent might insinuate that the other parent doesn't love the child. Alienation is interference as it makes children apprehensive about spending time with some parents.

Interrupting the Noncustodial Parent's Communication With the Child

You can communicate with your child at reasonable times and within reasonable frequencies. The custody and visitation schedule may outline allowable communication and allow you to determine the specifics. For example, a parent who cuts off parent-child communication by taking the child's phone is guilty of interference.

Interfering With the Noncustodial Parent's Involvement in Extracurricular Activities 

Your child's education or participation in extracurricular activities is part of their lives. You deserve to be part of that aspect of your child's life. For example, you deserve to attend school games and help with school projects. Denial of such involvement is also a form of interference.

To learn more, contact a child custody attorney in your area.