When two parents divorce or are unmarried, the Florida family courts will carefully consider many factors in deciding how much time each parent will get to spend with the child. Though the courts often try to split the parental rights between the parents as equally as possible, they always have to keep the best interests of the child in mind when making physical custody and visitation determinations. Sometimes, if a parent disagrees with a custody or visitation order, they will take the matter into their own hands and try to interfere with the order. Florida courts take interference with custody or visitation very seriously and parents who interfere with court orders can face serious consequences.
Custody interference most often occurs when one parent refuses to follow the schedule for visitation set out by the court in the parenting plan. This can include not taking the child to see the other parent when they are supposed to or even refusing to allow the child to communicate with the other parent on the phone. If your custody or visitation rights are being denied by your child’s other parent, there are different steps you can take to enforce the parenting plan schedule. For example, you can file an emergency motion with the courts to enforce the custody order. The court can even place the other parent in contempt and impose sanctions if they continue to interfere with custody.
If a parent secretly or forcibly takes a child without authority to do so under the parenting plan or consent by the other parent, they could end up facing serious criminal charges as well as consequences in family court, including complete loss of custody rights. Florida criminal law sets out interference of custody as a third degree felony, which can mean up to five years in prison. Furthermore, some parents who physically take their children without authority face kidnapping charges, which is a first degree felony and could mean a very long prison sentence. A father recently made headlines for taking his children from New Jersey to Florida and keeping them for six weeks without authority, and he is now being held on $800,000 bail and facing kidnapping charges. As you can see, in some cases, custody interference can be extremely serious.
An experienced family law attorney in Boca Raton can help with your case
If your child’s parent has tried to disobey the custody or visitation order in your case, you should call an experienced family law attorney as soon as possible to find out how to proceed. The best way to ensure that as few issues will arise as possible is to make sure a fair and favorable custody determination is set forth in the first place. Boca Raton family lawyer Alan R. Burton can help with all aspects at any stage of your custody case, including enforcement of an existing order. If you have any type of family law issue, call our office today to discuss how we can help you.