INTERFERING WITH A NONCUSTODIAL PARENT IS GROUNDS FOR MODIFICATION OF CHILD CUSTODY

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http://iloveandneedmydaughter.blogspot.com/2011/10/who-is-she.html

INTERFERENCE WITH PARENTAL RIGHTS OF NONCUSTODIAL PARENT AS GROUNDS FOR MODIFICATION OF CHILD CUSTODY

Edward B. Borris, Assistant Editor, Divorce Litigation

Interference by one parent in the relationship of a child and the other parent is almost never in the child’s best interests. In fact, in extreme cases, actions by one parent to alienate the affections of the child from the other parent, to interfere win the other parent’s visitation rights, or to remove the child to a distant state or country can often lead to liability in tort. See generally E. Borris, “Torts Arising Out of Interference with Custody and Visitation,” 7 Divorce Litigation 192 (1995). Tort liability is not always an option, however, as many courts refuse to award damages based upon interference with visitation rights. E.g., Cosner v. Ridinger, 882 P.2d 1243 (Wyo.1994).

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