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What if your ex-spouse doesn’t obey your custody order?

As a part of any divorce including children, the court hands down a custody order, or approves a custody plan that parents agree on together. Unfortunately, many parents have difficulty sticking to the custody plan and deprive other parents of time with their child. While it is normal for parents to take time to adjust to a new structure of parenting, it is never wise to contradict a custody order.

Courts take the terms of custody orders seriously, and expect parents to respect them as well. If you and your child's other parent face difficulty parenting according to the order, you may want to consider modifying the order to something more manageable.

However, some parents do not value the rights and parenting time of others, or are too self-involved to realize how their actions affect others. If your child's other parent does not respect your rights as a parent, they may face serious repercussions from the court.

Depriving a parent of their parenting time

Your custody order should outline when you have custody of your child and may even include how and when you exchange custody with the other parent. Whenever one parent's behavior keeps the other parent from spending their court-ordered parenting time with their child, it typically qualifies as direct parenting time interference.

Some parents take things to the extreme and kidnap their child, taking them to another state or country. Not only is this certainly direct parenting time interference, it may also be a criminal act: It may bring down criminal charges, possibly resulting in jail time.

In other cases, a parent may simply forget to exchange custody repeatedly or constantly show up late to the exchange. This is obviously less troublesome than a kidnapping, but is still a problem in the eyes of the court.

Undermining the other parent's relationship with their child

Even if neither parent obstructs the other parent's time with their child, they may still cause myriad complications and undermine each other. One parent may speak poorly about the other parent in front of the child, or may not allow the other parent to communicate with the child.

Any time that one parent's actions obstruct the other parent's relationship with their child, it may qualify as indirect parenting time interference. This type of behavior is more difficult to identify. You may need to examine your circumstances closely.

If you believe that the other parent is obstructing your parenting time, make sure that you understand your legal options. Time with your child is one of the most precious things you have, so do not hesitate to keep it protected.

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Mohajer Law Firm, APC

Mohajer Law Firm, APC
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Arcadia, CA 91006

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