Parental interference may justify child custody modification

On Behalf of | May 17, 2018 | family law |

Most Illinois and Indiana residents who are going through a divorce breathe a sigh of relief when the marriage dissolution process draws to an end. This is completely understandable. After all, many of these individuals face significant heartache and financial strain, let alone much time, negotiating and litigating the various family law issues that pertain to their unique situation. However, even when the dust settles following a divorce, certain problems may arise leading to justified legal action.

One of these situations is parental interference. Parental interference occurs when one parent disrupts custody or visitation order or agreement. This can happen in a direct fashion, such as when a parent physically keeps a child from seeing his or her other parent, but it can also be indirect in nature. Indirect parental interference, which is much more common, can occur in a number of ways. Amongst them are failing to allow phone contact between a child and his or her parent, making consistent disparaging remarks to a child about his or her other parent and even requesting that a child spy on his or her other parent and report back.

When parental interference occurs, legal action is justified. Oftentimes a court will simply order that any missed parenting time be made up. However, when the interference is significant and poses a threat to the child’s best interests, then a child custody modification or a modification of parenting time, may be needed. The court will assess this matter by assessing what is in the child’s best interests, so parents who find themselves in this situation need to be sure they are prepared with strong legal arguments to support their position.

Those who have gone through divorce know that the process can be legally challenging, especially when emotions run on high. This is why most people obtain the assistance of skilled legal professionals when handling their family law issues. The same holds true for post-divorce family law matters. An experienced and competent legal advocate can work to ensure that the best arguments are put forth to support one’s position, which in the case of child custody and visitation, can mean that there is a lot at stake. So, those who think they may want a strong legal ally on their side in these matters should speak with an attorney like those at our firm.