What is the name of your state (only U.S. law)? WV
So I received a petition for custody from my children's father and he is alleging parental interference with visitations as his reason for seeking custody. Currently paternity has been established but we have never had a formal arrangement. Children have lived with me since birth and he visits them or takes them when he wants to (there is no set schedule) He is now seeking 50/50 custody. Can you give me some examples of parental interference? Thank you in advance.
Well, the law in your state says (bolding is mine): http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=48&art=9
"PART 5. ENFORCEMENT OF PARENTING PLANS.
§48-9-501. Enforcement of parenting plans.
(a) If, upon a parental complaint, the court finds a parent intentionally and without good cause violated a provision of the court-ordered parenting plan, it shall enforce the remedy specified in the plan or, if no remedies are specified or they are clearly inadequate, it shall find the plan has been violated and order an appropriate remedy, which may include:
(1)
In the case of interference with the exercise of custodial responsibility for a child by the other parent, substitute time for that parent to make up for time missed with the child;
(2) In the case of missed time by a parent, costs in recognition of lost opportunities by the other parent, in child care costs and other reasonable expenses in connection with the missed time;
etc. etc."
And then this is from FindLaw, as general knowledge: http://blogs.findlaw.com/law_and_life/2013/08/what-is-custodial-interference.html