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What is custodial and visitational interference?

On Behalf of | Jul 20, 2022 | Family Law

Virginia parents who are divorced or separated are required to adhere to their custody and visitation orders. Sometimes, a parent will perpetrate custodial inference. It’s important to know your rights.

What is custodial interference?

Custodial interference refers to one parent deviating from the terms of the child custody and visitation order handed down by the court during a divorce or separation. Both parents are required to follow the terms of the order, which is in place for the best interests of the child.

All cases are unique, but sometimes, one parent is given sole physical custody. The other parent may be given visitation rights or not have those rights at all depending on the situation. When one parent deliberately fails to comply with the custody and visitation order, it’s considered custodial interference.

What are the different types of custodial interference?

There are different types of custodial interference a parent could commit. However, anything that is considered an interference or disruption of the custody and visitation agreement is a violation of the other parent’s legal rights. The following are common examples:

• Failing to bring the child to the non-custodial parent at the proper time when it’s their time to have visitation.

• Denying a parent the ability to have contact with the child.

• Preventing the other parent from having their visitation with the child at all.

• Not returning the child to the custodial parent after scheduled visitation is over.

• Not helping the other parent out with basic chores or scheduling.

• Taking the child away from their home state or abroad without the consent of the other parent.

Any of these scenarios can harm a child. A parent who is facing custodial interference has the right to turn to the family court for help.