If your ex takes proactive measures to disrupt your right to custody or otherwise fails to adhere to the established visitation schedule, then they may be deemed to have engaged in custodial interference. Any parent who tries to undermine a court order may put their right to visitation in jeopardy. They could be held criminally liable for their actions as well.
Parents may take a number of actions that can be considered custodial interference. These include failing to return or releasing their child as outlined in a visitation schedule.
Any Westerville parent who intentionally tells their child something about negative about their mom or dad in hopes of pitting their son or daughter against them, may also be accused of having interfered with their custody. One who limits their phone contact with them may be guilty of this too.
When a child is scheduled to be in the custody of one parent, the other one shouldn’t show up uninvited. If they do, then a judge may agree that they’ve attempted to sidestep a court-ordered parenting plan.
However, there are some instances in which a parent can lawfully go against an existing visitation schedule. If a special event or trip is planned makes it necessary for the visitation schedule to be modified, then a mom or dad’s actions aren’t likely to be considered custodial interference. The same is true if weather or another factor that a parent has little control over affects their ability to turn over their child.
Any parent who can prove that they were protecting their child from danger by keeping them in their custody instead of turning them over to wouldn’t likely be accused of interfering with child custody either.
Ohio law entrusts judges to make choices that are in a child’s best interests. Any situation that keeps a child from spending time with both of their parents can impact their overall development and well-being. An attorney can help you if you believe your co-parent is engaging in custodial interference or if you believe you’ve been wrongly accused of it.