How to File Inteference With Child Custody

Mother and child together.

Addressing an interference of your custodial rights associated with your child can include seeking judicial intervention, according to the American Bar Association Section of Family Law. A common situation involves the other parent interfering with custodial rights by not abiding by the existing order of the court pertaining to custody and visitation issues. You possess the right to pursue court assistance in dealing with interference with or without legal representation.

Things You'll Need

• Motion to enforce custody order

Instructions

1. Obtain from the clerk of the court a motion to enforce custody order form. The motion form comes complete with instructions to complete the document.

2. Complete the motion form, paying particular attention to the specific facts supporting the manner of interference with your custody rights.

3. Include the specific relief you want from the court to deal with or resolve the interference you experience in regard to your custodial rights. For example, if the other parent fails to return the child in an appropriate time and manner following a visitation, you may request a suspension of visitation.

4. Take the completed motion to the clerk of the court.

5. File the motion by delivering the original copy of the document to a staff member in the court clerk's office and paying any applicable fees.

Tips & Warnings

• Court clerks throughout the country maintain standard forms commonly used in different types of court proceedings for people not represented by legal counsel.

• Consider retaining a lawyer to represent you in regard to the matter of interference with your custodial rights. Local and state bar associations maintain directories of attorneys in different practice areas, including family law. Contact information for these organizations is available through the American Bar Association:

• American Bar Association

• 321 N. Clark St.

• Chicago, IL 60654-7598

• 312-988-5000

• abanet.org

References

• American Bar Association: Section of Family Law
• "Child Custody A to Z: Winning with Evidence"; Guy J. White; 2005
• Cornell University Law School: Child Custody Oveview

Resources

• American Bar Association: Directory of State and Local Bar Associations