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Apr 21 2018

What happens if a parent denies the other parent his/her court ordered parenting time due to abuse concerns?

A parent who believes that his/her child has been abused by the other parent and resorts to “self-help” remedies by withholding parenting time from the other could lose custody, especially if the abuse concerns are ultimately not substantiated. Additionally, a parent can be charged with a felony deprivation of parental rights if she/he wrongfully withholds court-ordered parenting time

A parent who has genuine concerns for safety of his/her child has several options in lieu of simple “self-help” measures

  1. Seeking an OFP (order for protection) on behalf of a child in family court
  2. Calling CPS (child protective services) or the police to report suspected abuse
  3. Seeking an agreement or stipulation to modify/suspend parenting time
  4. Seeking an emergency change in custody/parenting time
  5. Filing a private CHIPS petition
  6. Seeking an emergency domestic abuse order in juvenile court
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