When your child’s other parent withholds parenting time

On Behalf of | Nov 11, 2022 | Family Law |

When the relationship ends between you and your child’s other parent in Indiana, you may need to figure out how to raise your child together, but from separate homes. Coparenting is not always easy, and you may run into problems along the way if your one-time partner fails to uphold the visitation or custody terms outlined by your agreement.

According to IN.gov, neither you nor your child’s other parent has the right to withhold parenting time from the other when there is a formal agreement in place. This remains true even if a parent paying child support fails to do so. If one parent breaks the terms of the agreement, it becomes the responsibility of the court, rather than the child’s other parent, to remedy things. If your child’s mother or father does withhold parenting time without a court telling him or her to do so, that parent may face the following repercussions.

Contempt sanctions

A court may consider a parent who fails to uphold an agreement regarding parenting time to be in contempt of court. Under these circumstances, the parent in contempt may face any number of consequences, including fines, time behind bars or community service.

Injunctive relief

If a custodial parent withholds parenting time from the other despite having an agreement to allow parenting time, the noncustodial parent has the option of requesting an injunction to have the court enforce parenting time.

Criminal penalties

In some instances, the other parent interfering with your parenting time may constitute a crime and warrant criminal repercussions.

Before opening a parenting time case against your child’s other parent, make sure your argument has merit. Otherwise, you run the risk of having to pay legal fees for the other side.