Legal Definitions - custodial account

Custodial interference refers to actions that unlawfully disrupt a parent's legal right to custody of or access to their child. This legal term covers situations where a child is taken or withheld from the parent who has legal custody, or when one parent intentionally prevents the other parent from exercising their court-ordered visitation rights or access to the child.

It essentially means interfering with a parent's established legal relationship with their child, either by removing the child from their rightful guardian or by obstructing the other parent's ability to see or communicate with the child as legally permitted.

• Example 1: Withholding a Child After Visitation

  A divorced couple shares joint legal custody, with the mother designated as the primary residential parent. The father has court-ordered visitation every other weekend. After a scheduled weekend visit, the father decides not to return the child to the mother on Sunday evening as mandated by the court order. Instead, he takes the child on an unapproved trip out of state, cutting off communication with the mother.

  This illustrates custodial interference because the father, despite having visitation rights, unlawfully withheld the child from the primary residential parent, preventing the mother from exercising her legal custody rights and disrupting the established parenting schedule.

• Example 2: Hindering Communication and Access

  A father has sole legal custody of his son. The mother has court-ordered phone calls with the child three times a week. However, the father consistently refuses to answer the phone during the scheduled call times, blocks the mother's number, or tells the child not to speak to his mother, effectively preventing any communication between them.

  This demonstrates custodial interference because the father is actively hindering the mother's rightful and court-ordered access to communicate with her child, making it impossible for her to exercise her parental rights.

• Example 3: Third-Party Inducement

  A teenager lives with their mother, who has sole legal custody. The teenager's paternal grandmother, who strongly disagrees with the mother's parenting decisions, encourages the teenager to leave the mother's home and offers them a place to stay indefinitely, knowing that the mother does not consent to this arrangement and has legal custody.

  This is an example of custodial interference by a third party. The grandmother intentionally induced a minor child to leave the parent legally entitled to custody, thereby disrupting the mother's parental rights and the established custody arrangement.