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My Ex Interferes With My Visitation time: Can I Get Sole Custody?



Navigating Child Custody Issues: Enforcing Your Parenting Plan

Dealing with child custody issues can be emotionally challenging and legally complex, especially when one parent obstructs the other’s access to the child. We were recently asked whether a parent who hasn’t seen their child in three years due to the other parent’s interference could obtain sole custody. In this blog post, we’ll explore the answer to this question and look at how enforcing your parenting plan will ultimately protect your relationship with your child.

Understanding the Legal Perspective

As explained in the above video, if a parent has been denied access to their child for an extended period, it can be disheartening. However, from a legal standpoint, the absence of visitation does not automatically result in obtaining sole custody. Courts prioritize the best interests of the child, and a long absence may not be sufficient grounds for a drastic custody change.

Enforcing Your Parenting Plan

If you find yourself in a situation where the other parent is inhibiting your ability to spend time with your child, it’s crucial to take proactive steps to enforce your parenting plan. Here are some actions you can consider:
1.     Communicate and Document: Begin by communicating your concerns to the other parent in a calm and constructive manner. Keep records of all interactions, including emails, text messages, and any relevant documents, as they may serve as evidence later.

2.     Seek Mediation: Mediation can provide a neutral and structured environment for resolving disputes regarding child custody. A trained mediator can help facilitate open communication and guide both parents towards a mutually acceptable resolution.

3.     Consult an Attorney: If informal negotiations and mediation are unsuccessful, consulting with an experienced family law attorney can provide valuable guidance. They can assess your specific situation, educate you on your legal rights, and help you explore legal options available to enforce your parenting plan.

4.     File a Contempt Motion: If the other parent continues to deny you visitation despite court-ordered arrangements, you may need to file a contempt motion. This legal action alerts the court to the other parent’s non-compliance and seeks enforcement of the existing custody agreement.

5.     Request Modifications: In some cases, if a pattern of interference persists, it may be necessary to request modifications to the parenting plan. A judge may consider adjustments that better reflect the child’s best interests and ensure both parents have meaningful involvement in the child’s life.

Take Decisive Steps

While it can be disheartening to be denied access to your child due to the other parent’s interference, it’s essential to take proactive steps to enforce your parenting plan. Remember, the court’s priority is the best interests of the child, and they will assess the overall circumstances before considering any custody changes. By documenting incidents, seeking mediation, consulting with an attorney, and, if necessary, filing a contempt motion or requesting modifications, you can protect your relationship with your child and work towards a resolution that promotes their well-being.

If you have any further questions or need legal assistance, the dedicated team at Modern Law Phoenix is here to help. Contact us today for expert guidance tailored to your unique situation.

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