What to Do When a Spouse Interferes with a Child Custody Order

Child custody disputes often make the news. Emotions run high in these matters, and, often times, something unfortunate and violent happens. A California man was in a bitter child custody dispute with his ex-girlfriend when he went to her a couple weeks ago and shot and killed her, her brother, and her father. The man also attempted to set the house on fire, which had several other family members of the ex-girlfriend still inside, when police shot and immobilized him.

Last week funeral attendees in New Hampshire called police over a child custody dispute. The funeral was for the child’s father. The boy’s mother and stepmother began pulling the child back and forth during the funeral until police arrived and calmed the tempers. If you are dealing with an uncooperative and potentially dangerous ex-spouse in a child custody matter, a Houston family attorney is available to seek legal protections for you and your child.

Spousal Interference with Child Custody Orders

Parents should be aware of several, important areas of spousal interference concerning child custody orders:

• Child support and child custody are separate issues. A spouse is not able to prevent visitation and custody rights if the ex-spouse is not paying child support. Vice versa, if a spouse is not adhering to a custody order, the other may not withhold child support. A parent can get into serious legal trouble by treating child support and child custody or visitation as conditions to each other.
• Remember that a child custody order is legally binding. If a spouse interferes with it or refuses to abide by it, he or she is acting illegally. Indeed, in Texas, such interference is a criminal felony. Keep written records of exact times, dates, and locations of illegal conduct. You can file a police report regarding the interference by showing an officer a certified copy of the current order. You can then file a motion with the court to enforce the existing order and penalize the spouse behaving inappropriately
• Spousal interference may necessitate the modification of a child custody order. Such interference may be indicative of an underlying problem. Excessive conflicts between a child and a parent, the move of a parent, or the request of a child are situations where a court could decide to modify a child custody order.

Child custody disputes can lead to tragic events. Never take the law into your hands. If a spouse is behaving inappropriately regarding a child custody order, contact a Houston divorce lawyer at John K. Grubb & Associates, PC to protect your and your child’s interests.