How to File for Interference With Child Custody
- 1). Visit the court that handled the child custody case filing and hearings. Obtain a copy of the certified child custody order from the clerk of court. The certified copy of the child custody order will be stamped by the clerk with the seal of the court authenticating that the order is true and correct. There is a fee for obtaining a certified child custody order which varies from state to state.
- 2). Contact the attorney who represented you throughout the case. Advise the attorney of the interference of the other parent. If the attorney considers the interference to be moderate (returning a child after established visitation hours or making invalid excuses for not allowing visitation), the attorney may contact the parent committing the violation to remind him of the custody order. The attorney usually will mail a certified letter to the erring parent or the parent's legal representative.
- 3). File a report with the local police department. Do this if contacting the parent who is violating the order has not yielded results, or the interference escalates. Filing a police report will help to record the occurrences. Bring the certified copy of the child custody order to the police department since officers will need it to verify that the child custody order exists and is being violated.
- 4). Visit the clerk of court to file a motion to have the existing child custody order enforced. The clerk may have a form available to help draft the motion. The motion should have the petitioner's contact information, the respondent's contact information and the details of the interference occurrences, copies of the child custody order and the reports filed with the local police department. An affidavit swearing to the accuracy of the motion may be required that can be obtained, and notarized, at the court house. Once the motion is filed, a copy must be mailed to the respondent by registered mail.
- 5). Attend a hearing at the local court. A hearing date will be scheduled after the motion has been filed. You should mail a copy of the hearing notice to the respondent by registered mail. Bring copies of the post office receipts to the hearing to prove that you properly notified the respondent. During the hearing, the judge will decide whether the respondent interfered with the custodial agreement and will give a ruling on the case.
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