When one party is given custody and the other is not, it does not imply that matters are resolved. The parent who has primary custody may interfere. What is custodial interference?
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The custodial parent has discretion on many things. Including altering the timetable of activities involving the kids. The other parent’s parenting time may be disrupted by the altered schedule. A custodial parent can schedule activities to interfere with the other spouse’s parenting time. Or the other way around. The children cannot go because it is the other parent’s day with them.
This is a terrible way to make the other parent and the kids’ day miserable. It is interference with custodial rights. It should be brought to the court’s attention. To allow the court to act on the interference, you must speak with your lawyer.
What is custodial interference?
Custodial interference occurs when the non-custodial parent makes repeated attempts to obstruct the custodial parent’s usual custody rights. It is done to the point where it becomes disruptive. The disruptive parent could be subject to a multitude of legal repercussions. The extent of legal measures is dependent on how disruptive they were.
The person who has custody of a kid has the authority to carry out numerous tasks. That person has certain obligations. And is permitted to engage in a variety of activities. The individual with primary or sole custody is granted these privileges by state law. The other parent typically has visiting privileges. Or a lesser degree of custody than the primary parent. Contempt of court charges or other legal repercussions may result from any interference.
Interference is a failure to adhere to the terms of the child custody arrangement. This could entail not picking up or dropping off children. There can be some restrictions.
In Michigan, the following three key factors can indicate interference in child custody cases:
[ a ] The court has granted custody or parenting time via a court order (such as a custody arrangement);
[ b ] Children are kept away from the custodial parent for at least 24 hours by one parent; and/or
[ c ] It must be the intention of one parent to keep children away from the custodial parent.
Interference could happen in a number of different circumstances. Withhold children from the custodial parent for 24 hours. or longer can be one example. One parent consistently picks up and drops off their children late can be another example. Displaying a pattern of behavior against the custody agreement. That can also be considered interference. It indicates an intent to interfere with the other parent’s right to custody.
It is not considered interference when a parent occasionally drops off a child late. Given that there are possible explanations other than intentionality for this offense. It can be traffic or just losing track of time, it would be seen as an understandable infraction. Consistent, persistent tardiness that denies the custodial parent parenting time can constitute interference. Especially when done with the intent to interfere with parent-child routines.
You should never attempt to handle interference on your own as a parent. Ask for the custody agreement to be enforced. You can always report events to the Friend of the Court appointed to your case.
What is the impact of custodial interference on custody and parenting time?
Parties may be unable to avoid running interference against each other. It will have an impact on their ability to collaborate. Both parents will be unable to reach a consensus on any of the concerns. Instead of putting their differences aside to help the kids, they opted to argue with one another.
Courts may resort to modifying parenting time to curb interference. It will not bode well for the parents initiating the interference. Short of criminal penalties, an interfering parent may find their parenting time adjusted by the court to recompense the aggrieved parent.
The court will have to decide on sole legal custody if the parents are unable to have an agreement. Even if joint legal custody was first granted in the divorce. Parents can’t keep going back to court to discuss matters involving their children. The court would eventually grant sole custody to one party.
Interference can also affect the children’s well-being. Parents targeted with interference can have experiences similar to parental alienation. At first, the target parent is the only one whose alienation seems to hurt. Long-term studies show the negative impact of alienation. Children living with a manipulative parent experience self-hatred and low self-esteem. They also go through depression. Others grow up having a lack of trust, substance misuse, and a reduced ability to give and receive love.
Parents in contentious relationships can be oblivious to their children. They may not be aware of the impact of custodial interference. Too focused on themselves they may not be aware they are disrupting communication. Interference can fracture communication between parents and children. It can strain the parent-child relationship.
What is the consequence of custodial interference?
Parents may take extreme steps to be with their children. More so if they are locked in a bitter custody dispute. Nevertheless, disobeying a visitation order can result in severe civil and criminal penalties. In a family court, a judge can punish a party. The court can do so by allocating make-up parenting time. The court can impose fines on the offending parent. Charge attorney fees or other financial penalties. The court is not limited to that. It can hold the offending party in contempt of court and imprison the offender. The court can ultimately change custody to the other parent’s advantage.
The child may not object to residing with the parent for an extended period of time. The child may even express a desire to return to the other parent. However, it is the parent’s responsibility to see that the court’s order is complied with. It is the law’s intended effect.
The Michigan Child Custody Act includes the facilitation of a child-parent relationship. It is one of the factors in the best interests of the minor child. Parents who interfere with this relationship stand the risk of losing custody. Or parenting time for themselves.
Even a parent who struggles with time management may be held in contempt of court for their actions. In Michigan, a parent can habitually disrespect the other parent’s custody rights. Or has a history of being late for custody exchanges and may be held in civil contempt.
It doesn’t matter how strongly you feel about your bond with your child. Your contempt for your ex-spouse’s parental rights will get you in trouble with the court. Before taking any specific action speak with an attorney. Your attorney can educate you on your legal rights and options.
Ask the court for enforcement each time the other parent denies you parenting time. or otherwise disregards a court order. The Friend of the Court works to enforce child support obligations. It will also enforce the same diligence with parenting time. Parents who refuse to share parenting time must be called out for their actions.
This sends a message that the child has a right to a relationship with both parents. Interference with that right will result in punishment. Action should be taken even with the first infraction of an order.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.