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What is custodial interference?

Maintaining physical and legal custody of one's child after a divorce can be a huge win for a parent who wants nothing more than to continue to support their child's development. However, in many cases a New York parent will be asked to share physical and legal custody of their child with the child's other parent. While in some cases joint or shared custodial arrangements work well and serve the children's best interests, in other cases these plans can backfire and lead to situations where parents interfere with each other's custodial and visitation rights.

For example, in a child custody agreement or order a child's parents may agree to how and when the child will be transferred from one of the parent's physical custody to the others. If one parent habitually and intentionally is late, fails to show up at all or otherwise acts against the terms of the custody order or agreement then they may be engaging in custodial interference.

Additionally, parent who disparages their child's other parent to their child may also commit interfering behaviors. If their conduct makes their child not want to spend their legally appointed custodial or visitation time with their other parent then this too may arise to custodial interference.

Custodial interference can take on many forms but basically involves any conduct that keeps a child away from their parent in violation of an established child custody and visitation order or agreement. When custodial interference becomes a problem, parents are encouraged to seek legal advice from their divorce and family law attorneys. These legal professionals can advise them of their rights and options for eliminating custodial interference and working toward their children's best interests.

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