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What is custodial interference and what can you do about it?

| Sep 12, 2020 | Child Custody |

When you first decide on a child custody arrangement, you may not think about what you would do if your ex-spouse attempted to interfere with your time with your child.

This struggle can cause chaos and even potentially ruin the relationship with your child, but there are ways to combat it.

Problems with custody

According to the Illinois General Assembly, interference is the act of detaining a minor or violating child custody time limits. It involves purposefully keeping a child away from the other parent, as well as limiting contact, such as electronic or in-person communication. These actions can lead to a misdemeanor if they occur more than two times.

This is not the same as interfering on behalf of the safety of the child, which happens when you suspect the other parent of abuse.

Kinds of interference

Some signs of this behavior include the other parent preventing the child from communicating at all with you, picking up the child early or dropping him or her off late, or even moving far away with the child without warning. He or she may show up unexpectedly while you have visitation time with your child. Refusal to relinquish the child for your scheduled visits can also occur.

Next steps

If your ex-spouse does not stop after a verbal warning, you may report his or her action to the court. You could also talk to an impartial mediator to see if you both can come to a new agreement about custody visits. This can lead to rescheduled visitation time, limited contact with your child or visits supervised by another party.