After the breakdown of a marriage, parents must agree on the arrangements for their children. They will need to determine which parent will get custody of the child and who will have visitation rights. However, such arrangements don’t always work as expected. Many times, custodial interference arises due to a violation of the parenting plan or court order by a parent.
Recently, a music producer filed papers in court asking for full custody of his child as well as child support. After a long court battle that ended just a year ago, the couple had agreed on joint physical custody of the child, with the mother having primary custody. However, the music producer has now changed his mind regarding custody of the child.
The father accused the mother of intentionally keeping him from visiting his 2-year-old daughter. He accused the mother of parental alienation and of denying him visitation as agreed in the custody agreement. The father is also asking the court to order the mother to pay him monthly support for the child.
Absent a court order, one parent cannot deny the other parent visitation rights with the child. This is true regardless of the circumstances, whether the parenting plan was agreed to by the parents outside of court or the planned visitation was ordered by the court.
For people who are going through a divorce, a parenting plan can certainly prove beneficial. However, those who can’t reach an agreement should seek the assistance of a family law attorney.