Combating Custodial Interference

Tips to empower co-parents dealing with custodial interference.

Joy Owenby Owner and Founder Owenby Law, P.A.

Posted on October 30, 2024

Custodial interference can manifest in various forms, such as preventing a child from visiting the other parent, making unilateral decisions about the child’s upbringing, or attempting to alienate the child from the other parent. Interfering with custody rights can violate legal agreements, cause emotional harm to the child, and create tension for everyone in a shared parenting situation. Learn how co-parents can deal with custody interference in court by focusing on the legal strategies and rights that can help protect themselves and their children.

What is custody interference?

Custodial or parenting time interference occurs when one parent intentionally disrupts the other parent’s custody or visitation rights. It can take many forms, ranging from subtle actions that undermine the other parent’s relationship with the child to more overt behaviors like denying court-ordered visitation or even alienating the child from the other parent. Custody interference is a serious issue that affects the legal rights of the parents involved and can be detrimental to the child’s well-being.

What are some common examples of custodial interference?

Custody interference can manifest in various ways, some of which may be more difficult to detect or prove in court. Understanding the different forms of interference can help parents recognize when their rights are being violated and what warrants appropriate legal action. Here are 6 examples of actions that often constitute parental interference. 

Denying visitation or time-sharing rights: The custodial parent refuses to allow the non-custodial parent to spend time with the child, even when a court-ordered parenting plan specifies visitation times. In addition to outright refusing visitation, a co-parent may claim the child is unavailable without a valid reason or plan activities during the other parent’s scheduled visitation.

Changing the child’s schedule spontaneously: One parent unilaterally alters the child’s schedule, making it difficult or impossible for the other parent to exercise their visitation rights. These actions could involve enrolling the child in extracurricular activities during the other parent’s time or planning vacations without the other parent’s consent.
Undermining the parent-child relationship: Some parents may engage in behaviors that accidentally or intentionally weaken the child’s relationship with the other parent. This could include bad-mouthing the other parent in front of the child, using the child as a messenger to relay information to the other parent, encouraging or enabling the child to refuse visits, or withholding important information about the child’s health or school life. 
Engaging in parental alienation: One parent deliberately tries to turn the child against the other parent. Alienating efforts can involve manipulating the child’s emotions, feeding them false or exaggerated information, or creating a sense of fear or distrust toward the other parent. Over time, parental alienation can lead to the child rejecting the other parent entirely and suffering from lasting psychological effects. 
Moving long distances without consent: Relocating the child without obtaining the other parent’s consent or following legal procedures can also constitute custodial interference. The adverse effects of long-distance co-parenting can be especially harmful if the move is designed to limit the other parent’s access to the child or to create a geographical barrier that makes visitation difficult.
Interfering with communication: Some parents may restrict or monitor the child’s communication with the other parent, whether by phone, text, or video calls. Interference can include not answering calls during the other parent’s designated times, blocking virtual visitation methods, or manipulating the child into avoiding contact with the other parent.

How can parental interference impact children?

Custody interference often places the child in a challenging and harmful position. Children continuously exposed to parental interference may experience confusion, guilt, and divided loyalties. They frequently feel pressured to choose between parents or adopt one parent’s negative view of the other, leading to strained or broken relationships. Over time, this can result in long-term emotional and psychological issues, including anxiety, depression, and difficulties in forming healthy relationships.

Are there legal consequences for custody interference?

Custodial interference is not just a violation of the other parent’s rights but also a violation of court orders that can lead to serious legal consequences. Courts take custody orders very seriously, and any deliberate attempt to interfere can result in legal repercussions for the offending parent. Here are 5 more common consequences co-parents may face for interfering with the other parent’s custody.

Contempt of court: A parent found guilty of custody interference may be held in contempt of court, which can result in penalties such as loss of time with the child, make-up time-sharing, changes in custody, parenting classes, attorney’s fees, court costs, fines, jail time, or community service. Contempt charges are meant to enforce compliance and discourage future violations.
Modification of custody arrangements: If a parent repeatedly interferes with the other parent’s rights, the court may consider modifying the existing parenting plan. These changes could mean awarding more time or primary custody to the non-offending parent, especially if the court believes it’s in the child’s best interests.
Compensatory visitation: Courts may order compensatory visitation, which grants the non-offending parent additional time with the child to compensate for lost parenting time. Extra time is often coupled with strict orders to prevent future interference. 
Legal fees and costs: The parent who interferes with custody may be ordered to pay the fees and expenses incurred by the other parent in working with a family law attorney or other legal professional addressing the interference. These payments serve as a financial deterrent to prevent further violations.
Reduction of parental rights: Courts take parental alienation very seriously because it can harm the child’s well-being. In cases of severe parental alienation, the offending parent could face more significant legal consequences like reduced physical custody, supervised visitation, or even termination of parental rights.

Can a time-sharing plan help prevent interference?

A formal time-sharing plan, sometimes called a parenting plan or custody agreement, is essential to preventing custody interference and ensuring that both parents clearly understand their rights and responsibilities. Custody laws and requirements vary by state, so we’ll use Florida as an example. Time-sharing plans in Florida, formerly known as “parenting plans,” outline how much time each parent spends with their child and specific details for weekdays, weekends, holidays, and vacations.

Do parenting plans impact child support?

In Florida, recent changes to the state’s child support calculations highlighted the importance of formalized, court-approved time-sharing agreements. The amount of child support owed by the non-custodial or minority time-sharing parent can be impacted by their percentage of overnight stays with the child. A time-sharing plan that grants the non-custodial parent significant time with the child or equal time-sharing can significantly reduce that parent’s child support obligation.

Informal or verbal agreements between parents without court approval can lead to significant legal and financial challenges for both parents. In addition, if a parent does not adhere to the agreed time-sharing schedule, the other parent may still be required to pay full child support as initially calculated by the court, regardless of the actual time spent with the child.

How should visitation schedules be created?

A crucial part of avoiding pitfalls related to interference is establishing a formal time-sharing plan with the courts. This plan should be detailed and specific, covering all aspects of the child’s schedule and any potential contingencies, such as how to handle changes in work schedules, holidays, or emergencies. With a clear, court-enforceable plan, both parents can protect their rights and minimize the risk of custody interference. 

How can I combat custodial interference in court?

Custody interference can be frustrating and emotionally draining for parents who are trying to maintain a relationship with their child. Fortunately, there are legal strategies that parents can use to address and prevent custody interference. Here are 4 steps to help you address these issues and seek solutions in court.

1. Document instances of interference

The first step in dealing with custody interference is to document every instance where the other parent violates the custody or visitation agreement. Be sure to follow up on any missed time-sharing by documenting requests and denials of visitation in writing.  This documentation can include text messages, emails, or notes detailing missed visitations, unapproved changes to the schedule, or any actions the other parent took to undermine the court-ordered arrangement. A service like TalkingParents can help co-parents keep communications and schedules organized for use as evidence in court.

2. File a motion for contempt or enforcement

If custody interference persists, the parent on the receiving end can file a motion for contempt or enforcement with the court. A motion for contempt asks the court to enforce visitation rights in the existing custody order and hold the interfering parent accountable for violating it. If the court finds the parent in contempt, they may face loss of time with the child, make-up time-sharing, change in custody, parenting classes, attorney’s fees, court costs, fines, jail time, or community service.

3. Modify your parenting plan

In some cases, persistent custody interference may warrant a modification of the parenting plan and time-sharing schedule. If a parent consistently fails to adhere to the agreed-upon terms, the other parent can petition the court to modify the custody arrangement to protect their rights and the child’s well-being. The court will consider whether a modification is in the child’s best interests and may adjust the time-sharing schedule accordingly.

4. Seek supervised visitation

In extreme cases where one parent’s actions are harmful or pose a risk to the child, the court may order supervised visitation. This arrangement ensures that the child’s interactions with the parent occur in a controlled environment, often in the presence of a neutral third party or visitation center. Supervised visitation can be temporary until the court is confident that the parent can adhere to the custody agreement without interference.

Custody interference is a serious issue that can disrupt the stability of a child’s life and strain the relationship between parents. By understanding their legal rights and options, parents can take proactive steps to combat custody interference and protect their relationship with their children. Whether through documenting violations, seeking court enforcement, or modifying custody agreements, parents have the right tools to address custody interference and prioritize their child’s best interests.