When a parent has physical custody and the other parent attempts to take the child without permission while keeping that child from the custodial parent, they are doing something that is known as custodial interference. It is a problem for the custodial parent. But it’s also a problem for the child involved. The child may be wondering why the other parent is taking them away from who they know; and who they are normally spending most of their time with each day. It is important to understand how custodial interference occurs. And to know what can be done when dealing with such a serious situation. DeZao Law explains everything you need to know about this interference.
How Does It Happen?
When a parent has full physical and legal custody of the child, they get to decide where the child goes and who the child spends time with. When a parent who does not have any custody takes the child and does return him or them back to the parent, that parent is interfering with custody. That is a legal issue that would require help from a custodial interference attorney.
In some situations, the non-custodial parent was given time to spend with the child. However, if the non-custodial parent decides to extend the visit without bringing the child back to the custodial parent by the agreed date and time, it becomes a problem. That’s because the non-custodial parent is now interfering with the custody arrangements that are in place for a reason. In other cases, the non-custodial parent may abduct and take the child to a different city or state. There are times when the parent with more custody does not allow the child to see the other parent, even if that parent has visitation rights.
What to Do When Dealing with the Interference?
When dealing with such a serious situation, the parent who feels like the child is being withheld from them needs to hire a New Jersey family law attorney. The attorney could file a petition to make the court system aware of what is going on. They may set a new court date in which the concerned parent would attend with the custodial interference attorney. In order to attempt to get new orders in place by the judge.
The judge may request a new visitation date or a mediation session between both parties to resolve issues that are negatively impacting the child. It is necessary for both parents to put the child’s needs first. They must understand that interfering with custody is not acceptable. In some cases, the custodial parent may also need to contact local authorities to make a report.
Need Help Due to Custodial Interference? DeZao Law is Here to Help
Are you dealing with custodial interference? It is stressful for you, but also for your child. When facing this type of situation, it is necessary to hire a New Jersey family law attorney to assist you. The attorney will file a petition to get the case back in the courtroom while making the judge aware of the interference that is going on. If you need help, DeZao Law is there. You can call our office at (973) 358-6134 to schedule a consultation today.