Navigating co-parenting after a breakup or divorce can be challenging, especially when your ex refuses to comply with child custody orders or agreements. From missed exchanges to outright denial of visitation, these issues can escalate quickly. If you’re facing such challenges, it’s essential to understand your rights and take the necessary steps to protect your relationship with your child.
Our Middlesex, Monmouth, and Somerset County child custody attorneys have extensive experience in addressing custody disputes and parental alienation. Whether through negotiation, mediation, or court intervention, we can help you enforce child custody and parenting time agreements effectively.
According to the U.S. Census Bureau, over 13 million parents live with children under 21 while the other parent resides elsewhere. In these situations, some parents rely on informal custody arrangements. While these agreements may work temporarily, they are not enforceable by New Jersey courts unless formalized.
If your co-parent refuses to let you see your child under an informal agreement, you’ll need to secure a formal custody order through the court. This process often begins with mediation, a quicker, more amicable, and cost-effective alternative to litigation. Mediation allows both parents to craft a mutually agreeable plan. Once finalized, the agreement can be submitted to the court for approval as a Consent Order, making it enforceable.
If your co-parent fails to follow the Consent Order, you can take immediate legal action to ensure compliance.
Child custody interference, often linked to parental alienation, involves actions that hinder a child’s relationship with their other parent. Examples include:
It’s important to note that child custody and child support are separate legal obligations. You cannot withhold child support payments because your ex isn’t honoring a custody order.
If a parent is found guilty of custody interference, they may face penalties, including:
In extreme cases, custody interference can result in criminal charges under N.J.S.A. 2C:13-4. For instance, taking a child out of state or concealing their location to prevent the other parent’s access can lead to second- or third-degree criminal charges, which may carry jail time.
If your child expresses reluctance to see you, it may be due to the other parent’s negative influence. This behavior is a hallmark of parental alienation, where one parent manipulates a child’s perception of the other.
In such cases, New Jersey family courts may:
A child’s refusal to visit doesn’t automatically invalidate a custody order, especially if the court has already evaluated the child’s best interests.
If informal discussions and mediation fail, you may need to file a motion with the court to clarify, enforce, or modify your custody order.
Sometimes disputes arise from vague terms in the custody agreement. For example, “Saturday morning” might be interpreted differently by each parent. Clarifying these details in court can prevent future conflicts.
When one parent refuses to comply with the order, the court can enforce the terms through penalties, mandatory counseling, or adjustments to the custody schedule.
If your co-parent’s behavior consistently disrupts the arrangement, the court may modify the custody order to better serve the child’s best interests.
If you’re struggling with custody interference or need to establish, enforce, or modify a custody order, our experienced New Jersey child custody lawyers can help. We serve families in Middlesex, Monmouth, Somerset, Hunterdon, Essex, and surrounding counties.
Call (732) 377-3367 to schedule a consultation and learn how we can help protect your parental rights and relationship with your child.
