Skip to main content

What To Do When You Can't See Your Child - Custodial Interference

Custodial interference is where a parent refuses to honor a parent time order. Parents not following a parent time order are at risk for custodial interference. If you do not have an order, there is no custodial interference. This article will help you understand what you need to do if the other parent is refusing to let you contact the child, or what you should do if the other parent wants contact.

1. What You Should Do If You Cannot See Your Children.

This is a common problem. One parent moves out and the other has the children. The parent with the children is withholding parent time, and you are feeling powerless and are missing your children. These situations are a difficult one to bear. Unfortunately, calling the police will not help, and unless the children are in danger of immediate and irreparable harm, there's little you can do to change things immediately.
Your best course of action if there's no danger is to immediately file with the court. File a petition for custody or divorce and a motion for temporary orders. This is not a quick solution, but the longer you wait, the worse your position gets for custody.
One other thing you can do is ask the police to be present to keep the peace while you attempt to pick up the children for parent time. You will create a record of your attempts and may intimidate the other parent into letting you have parent time.

2. Best Ways To Avoid Custodial Interference

If you have custody of your children and the other parent is requesting time, what you have to do depends on whether you have an order or not. If there is a court order for parent time, then you need to follow the order. You are at risk of custodial interference charges unless you can show that the children are at risk for abuse if they are turned over to the other parent, and you have notified the authorities.
Where there is no order, it is in your best interest to make sure you are not withholding parent time. Although it may seem worthwhile to keep the children from seeing your soon to be ex, it could backfire on you in court. Unless you know what custody arrangement you want, or there is some danger to the children, you should give the other parent the minimum statutory amount of parent time. That means 3 hours every week and every other weekend from Friday to Sunday night.

3. What if the Children are in Danger?

If you're in a situation where the children are in danger, then you need to act quickly. You should notify the police and the Department of Children and Family Services of the potential danger. You then will need to either pursue a protective order, a temporary restraining order or some other temporary order for custody.
What you do depends on your particular circumstances. If your children are in danger, it is highly recommended that you give us a call.


Popular posts from this blog

5 Tips When Charged With a Misdemeanor

If you were recently charged with a misdemeanor, a court date is not far behind. Speaking in court is intimidating, and you may do something you regret. These tips are designed to put you on the right path to help you get the best deal possible. People have come to me in the past and told me that they wished they had known these things before they plead guilty to their misdemeanor. Before the next court date, consider these tips to help you. 1. Consider Not Pleading Guilty When you first go to court, it's called an arraignment. You will have an opportunity to plead guilty at that hearing to terms set by a judge or a prosecutor. You don't need to plead guilty. If you plead not guilty, the only thing that will happen is that they will set a pre-trial conference. This will give you time to either hire an attorney or further consider your options. It may also get you a better deal. In Utah, speeding tickets are misdemeanors. When you show up for court, you will be asked to plead …

How to Set Aside a Decree

You can set aside your divorce or custody decree shortly after its signed. This process is complicated, and you should consider speaking to an attorney. For your personal information, however, the following information can help you decide if you need to set aside your decree. There is a Typo or Some other Error in the Decree If you receive your decree and there is a typo or error in the document, you may have grounds to have the decree set aside. If a crucial part of your decree is missing, or says something different than you had agreed, you can have the court make a correction through motion. I Made a Mistake or Found Something Out Too Late A mistake in judgment may be enough to set aside your decree. However, this does not guarantee success, and your mistake will need to be a significant one. Feeling bad about your decision is not enough. If you have more questions, you should speak to an attorney about your situation. If you are surprised by some new fact after your decree was sign…

How to Modify Your Divorce Decree

If there has been a substantial change in circumstances, you may have a case for decree modification.  This process can be a big waste of resources and time if you don't plan carefully. You may also want to consider whether you can solve the problem through mediation. Decree Modification Requires a Substantial Change in Circumstances You must show that there is a substantial change in circumstances. This is perhaps the most important preliminary question to consider. If your divorce decree is only a few months old, it is unlikely that the court will find there was a substantial change in circumstances. Your case will be much more difficult to prove the sooner you bring it after your divorce is finalized. There may be a situation, however, in which a substantial change in circumstances has occurred, even though a small amount of time has passed. If you are in doubt, you should consult with us or another attorney to determine the strength of a decree modification. Here are some exam…