Child Custody Interference
Child custody interference, also known as custodial interference, occurs when one parent attempts to disrupt the custody rights of the other parent. If the other parent has interfered with the agreement, you have the right to report the incident to the court as well as to law enforcement.
At Rombro & Manley LLP, we can petition the court on your behalf and help you reunite with your child. Our child custody interference lawyers in Manhattan Beach, California, are dedicated to your child’s best interests and will hold the other parent accountable if their interference was unwarranted. Contact us today to discuss your case in more detail.
What Is Child Custody Interference?
When parents decide to separate or divorce, the entire family is impacted. Parents must establish child custody and visitation, and ensure the court orders are followed. Should one parent disrupt the rights of the other parent and limit that parent’s access to the child, it is considered custodial interference.
Common Examples Of Child Custody Interference
Though each case is unique, interference can occur in several ways. Examples of child custody interference include:
- Refusing to allow a child to attend scheduled visits with the other parent, either by failing to physically deliver the child at the designated time and place or by keeping the other parent from picking up the child.
- Limiting the amount of time your child spends on the phone with the other parent or monitoring phone calls. The same applies to text messages and other online communications between children and their parents.
- Refusing or failing to return a child after visitation ends.
- Alienating the children from the other parent through derogatory speech or enticing the children with a different custody arrangement.
In some instances, interference may not be a violation of the law. If the other parent is protecting the child from danger, interference may be warranted. Also, previous agreements such as vacations or special events that disrupt custody arrangements do not qualify as interference.
What To Do If You Experience Child Custody Interference
There are several remedies to instances of child custody interference. If your rights have been deprived:
- Report the incident to the court and to law enforcement
- Initiate a contempt of court
- Request that visitation be supervised, which offers the peace of mind knowing your child will be returned as scheduled or delivered for visitation on time
- Request makeup visitation time or a new child custody order
In the state of California, deprivation of custody/visitation is a crime and may be charged as either a misdemeanor or felony. When charged as a misdemeanor, the crime is punishable by up to one year in jail and a fine of up to $1,000. When charged as a felony, the crime is punishable by up to three years in jail and a fine of up to $10,000.
We Can Help
If you need assistance with a child custody interference matter, our team is here to help. Attorney Roger Rombro has helped parents exercise their rights for over 40 years and is here to answer your questions.