In this article, we look at the issue of non custodial parent rights to seek a modification of custody when the custodial parent interferes with visitation. That interference can take place in many forms, some of which are more serious than others. If you have any questions about your custody case after you read this article and your matter is or will be in Orange County, California, please contact our experienced attorneys for an initial, affordable strategy session.
California law is simple – Both parents have a right to enjoy frequent and continuing contact with their children. California’s laws ensure that contact occurs unless the children’s best interest require otherwise. The most common examples of this are situations of child abuse or endangerment, domestic violence and substance abuse.
Examples of interference with visitation include:
- Planning activities with the children on the non custodial parent’s visitation date and time, without the non custodial parent’s consent;
- Refusing to abide by pick up and drop off times and delaying the exchange of the children to the non custodial parent;
- Encouraging the children to not see the non custodial parent or otherwise alienating the children, in an attempt to reduce the non custodial parent’s ongoing and future visitation;
- Using children as a messenger and bringing them into the divorce or custody proceedings, to make the non custodial parent’s time with the children less enjoyable;
- Disparaging the non custodial parent to drive a wedge between he or she and the children;
- Making false allegations of child abuse or neglect against the non custodial parent;
- Refusing to co-parent with the non custodial parent;
- Violating the non custodial parent’s joint legal custody rights by not consulting with him or her and getting the non custodial parent’s consent on important decisions regarding the children.
The above list is not all exclusive. There are many ways that parents interfere with a non custodial parent’s rights. That is why, when we represent the non custodial parent, we demand the custodial parent put a stop to his or her actions and, if the custodial parent refuses, we seek court intervention.
The family court considers interference and uncooperative parenting to be very important to custody decisions. Family law judges generally do not tolerate such interference if it is serious and continuing. While tension and even frustration is common in many custody proceeds, if you are a non custodial parent and the other parent is interfering with your visitation, don’t assume you have to tolerate it. You don’t. The right thing to do is to seek the advice of a knowledgeable family law lawyer with custody experience. Take a look at our client testimonials and recent case results for examples of success stories on custody and visitation cases, including those that involve interference and alienation.
Do you have additional questions about non custodial parent rights?
We are happy to help with those matters in Orange County, California. Contact our custody lawyers for a strategy session at (714) 937-1193. Our initial session is affordable and set up with an experienced child custody attorney to discuss your specific case and answer your questions. We are ready to help.