You and your co-parent have been following the custody schedule, but suddenly, they stop doing so. You are no longer able to see your child because your co-parent keeps creating obstacles. For instance, they plan events during your parenting time or fail to share important information about school, health and extracurricular activities.
What can you do to protect your parental rights?
Communicate your concerns
If your co-parent is not following the custody schedule, you should communicate with them calmly and formally. Send them an email or text informing them about the missed scheduled time and how you believe it might affect your child. If they have consistently canceled visits, write down the dates they withheld parenting time or refused to communicate with you. Then, end with a request for makeup time on a proposed date or time.
Document everything
It’s important to have a detailed record of everything that’s happening. These include the dates you were unable to see your child, the days your co-parent blocked communication, and crucial details they withheld. If they communicate with you about canceling a visit, save the text messages, emails or voicemails.
If your co-parent constantly uses phone calls to deny visits, you can record them since New Jersey is currently a “one-party consent” state. However, learn more about this to avoid getting into legal trouble.
Do not relataliate
Regardless of your co-parent’s actions, you should not stop paying child support. Such retaliation can lead to accruing arrears, fines, wage garnishment or even jail time. Child support and parenting time are separate legal issues. You don’t want to be held in contempt of court while fighting for your parental rights.
Your co-parent withholding your child is unfair to you and the child. If this happens, obtain adequate information about the most suitable steps to take.