When dealing with a messy divorce and the resulting child custody decision, you may find yourself wondering how to deal with a spouse that is keeping you from seeing your kids.
Trying to avoid interference from the other parent in a joint managing conservatorship can be a challenging experience, but there are legal remedies that can prevent your spouse from ruining your relationship with your child.
According to the Penal Code of Texas, problems with child custody arise when a custodial parent prevents a minor under 18 from seeing his or her other parent in some manner. This is not the same as valid interference, where the health or safety of the child is at risk. Rather, this happens when a spouse interferes in scheduled activities, entices the child away from visits, or even abducts the child.
Limited contact and restricted visiting time are unlawful when done by one party without the court’s permission. The offending parent may be doing this in order to paint you as unfit for custody or to turn your child against you.
Dealing with strain
The biggest issue with custodial interference is the potential loss of a relationship between you and your child. Meeting in a neutral location or having another trusted person oversee your visits may help you prevent your ex-spouse from attempting to limit contact with your child.
Interference may also escalate over time if unchecked, to the point where legal intervention is necessary. Altering custodial arrangements to limit contact with the offending parent or even granting you sole custody are some ways for the court to address this issue.