Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Is the other parent threatening your custody rights?

On Behalf of | Feb 25, 2019 | child custody | 0 comments

Parenting after divorce is not easy. You may still be reeling from the emotional and financial fallout that can accompany the end of a marriage, and you may find transitioning after the process is complete difficult and overwhelming. This is not an easy process for both parents and children.

Kentucky parents want to do anything they can to minimize the negative impact of a divorce on the children. One way parents can do this is by remaining civil and working together to provide stability and continuity of lifestyle, even after the process is final. However, custody and visitation matters are often complex, and you may find the other parent is not cooperative. This can lead to something called parenting time interference.

What is it, and why does it happen?

Parenting time interference happens when one parent refuses to abide by the terms of the final custody and visitation order. This may be because of hard feelings over the divorce, the need to control the situation or disagreement over the terms of the custody and visitation plan. No matter why a parent is acting in this way, this type of behavior is not acceptable. In fact, it is a threat to your parental rights.

Unless there is a court-approved modification to a parenting or visitation plan, both parents must abide by the terms of the final order. Interference can happen in blatantly obvious ways and in more subtle ways. The two types include the following:

  • Direct interference includes attempts from the other parent to keep you from seeing your child, such as refusing to return the child or drop him or her off. It can also happen if the other parent takes the child, moves or goes on an extended trip with the child without your knowledge and consent.
  • Indirect interference includes attempts to undermine the relationship you have with your child. The other parent may try to cut off communication, talk negatively about you in front of the child or keep you from coming to important events. 

If you are experiencing parenting time interference, you can act quickly to preserve your parental rights and keep your relationship with your child strong. You may need to seek legal counsel regarding how you can make this type of unfair treatment stop.

Remedies for parenting time interference you may seek include coverage of your legal fees, counseling, make-up parenting time and more. What is appropriate depends on the details of your individual situation.

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Photo of Kenneth L. Gibson Jr.