A custody order generally protects a parent’s right to spend time with their children and make decisions with their child’s other parent about their upbringing. There is an expectation that both adults in the family should work cooperatively to meet the needs of the children after a divorce or separation.
That includes closely following the established custody order by sharing information, discussing major decisions and regularly exchanging custody. Most parents find ways to work together for the benefit of their children regardless of the state of their relationship with one another.
Unfortunately, there are occasionally some parents who cannot put the needs of their children first. Instead, they undermine or ignore the custody order out of spite or a desire for convenience. In those circumstances, parents denied access to their children may need to consider taking legal action to enforce their custody order.
What does custody enforcement typically require?
Documentation of violations
To convince a family law judge to act, a parent usually needs supporting evidence. Typically, one parent needs proof either in writing or via personal documentation that the other has repeatedly interfered in their right to spend time with the children.
The more frequently the other parent reduces or cancels their parenting time, the more likely a judge is to view their actions as inappropriate. Particularly in scenarios that involve negative talk about the other parent in combination with denied parenting time, a parent struggling to spend time with their children may have grounds to take legal action.
Request specific solutions
Depending on family circumstances and the nature of the custody issues, there are several different solutions available. In particularly egregious scenarios that may entail intentional parental alienation, a parent denied time with their children could request a custody modification.
A judge may view a refusal to uphold the custody order as a sign that the other parent cannot act in the best interests of the children. They increase the parenting time and legal authority of the adult previously denied their parenting time. Other times, the interference may be consistent but not necessarily malicious. A judge might agree to award the parent taking legal action additional parenting time to make up for the time lost with the children previously.
Choices that interfere with the custody rights of another parent can also harm the children in the family. Parents who assert themselves in a calm and reasonable manner can often convince a family law judge to intervene in a situation that has impacted their bond with their children.
Learning more about how to navigate custody disputes can help parents assert themselves in a manner that protects their legal rights and their children. Parents who are present and involved deserve the time a judge has granted them via a custody order.