When Illinois parents are involved in a custody battle, acrimony and strong emotions can lead to making foolish decisions. One such bad decision is when one parent interferes with the other parent’s custodial rights. People should know such actions are classified as custodial interference and can be prosecuted in criminal court with severe consequences for the offending party.
In the context of child custody litigation, a court order is usually put in place which governs the way parents work with each other to rear their children. The plan can be agreed upon by the parties or put in place by judicial mandate, but it is binding unless altered by another court order. If one parent refuses to comply with the terms of the custody plan, the other parent can seek relief from the court. If a parent does something to interfere with a parent’s allotted custody time, like failing to deliver a child to the other parent at the appointed time, the police can be called and charges pressed. Parents are always encouraged to work together but when there is a pattern of behavior and communication is difficult extreme measures can be warranted.
A parent who commits custodial interference may not only face criminal charges but also be punished within the context of the custody dispute by the presiding judge. If the dispute has not been resolved, diminishing the other parent’s role and time in a child’s life can backfire in astonishing fashion. Being respectful of the other parent and the court’s order is a much more prudent strategy for maximizing parental time with a child.
The process of child custody ais among the most stressful experiences one is likely to encounter. Getting advice from an experienced family law attorney is the best way to deal with a challenging time.