W. Tyler Moore, PC

Is my ex interfering with custody?

Raising a child with an ex can be a constant challenge. The two of you can fight about everything from late pick-ups to how you should discipline the child. In most cases, these arguments are frustrating, but they either work themselves out or you and your ex find some way to deal with the disagreement.

However, if your ex is doing something that actually interferes with your parental rights or custody, then legal action may be necessary. Unfortunately, it can be difficult to tell the difference between what is and is not custodial interference. Below, we take a look at some examples of each.

Problems that may not be custodial interference

  • Being late to custody exchanges after notifying you of a delay
  • Arguments over a child's extracurricular activities
  • Failing to wash a child's clothes before sending him or her to you
  • Buying extravagant gifts for a child
  • Allowing a child to call when he or she is with you if necessary

Note, however, that these are general examples. If specific problems get worse or they start having a detrimental impact on your child or your time with your child, then they may cross the line into interference.

Problems that can be considered interference

  • Refusing to return your child to you
  • Taking your child out of the country or state without your knowledge or permission
  • Prohibiting a child from calling or contacting you
  • Spending time with your child during your parenting time without your consent
  • Requiring your child to stay in constant contact while he or she is with you
  • Consistently keeping a child longer than the time allotted in your parenting agreement

Again, understand that there are exceptions that affect whether these problems rise to the level of interference. For instance, if a violation occurs to keep a child safe, then it may not be grounds for punishment.

What to do if your ex is interfering with your parenting time

If you believe that the other parent is infringing on your time with your child or robbing you of your parental rights, then you would be wise to take action. Talk to your attorney and file a report. Should your claims have merit, the courts can modify your custody plan, restrict visitation for your ex, issue fines and/or order mediation to remedy the situation.

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