Although there are many Texas parents who do everything they can to work together following a divorce, there are some who disrupt the other parent’s custody rights. Often referred to as custodial interference, this is a crime that can have serious consequences if a parent is convicted on charges, potentially even including jail time.
When two parents start to begin the divorce process, they usually try to negotiate a child custody agreement. This agreement outlines the custodial rights of both parents and may include where and when the children see each parent. Both parents are required to abide by this agreement; however, there are ways a parent may not follow it. For example, the parent may refuse to hand the children over when the other parent is supposed to have custody of them. If this happens, the parent who is supposed to have custody could report the incident to both the court and law enforcement.
While there are some cases where the parents can work through their differences without getting a judge involved, going back to court may be a necessary step. If a parent refused to give up the children, for example, the other parent could request supervised visits to ensure that he or she will get the children back when the visit is over.
Starting the divorce process can be very difficult for both the parents and the children. In some cases, parents may have trouble transitioning to not having the kids around all the time, potentially leading them to to try and take custody matters into their own hands. If a parent has his or her child custody rights infringed upon, a family law attorney may assist with taking the case back to court. The attorney may also negotiate a modified custody agreement if the original is no longer working due to changes in family circumstances.