Q: How do judges handle chronic custodial interference?
I found a Nebraska statute where custodial interference is considered a class 2 misdemeanor. My ex has denied me my court ordered parenting time with my children over 7 times the past 2 years. I live out of state (originally she ran away with them to Nebraska and judge decided to let her keep them there; it was heartbreaking). I’m current on support too. Will a judge finally hold her accountable for failure to adhere to the parenting plan and perhaps award me custody or terminate support so I can go see them more frequently. I pay $1400 in support. It’s absolutely crippling but I know the penalties for not paying. I’m desperate to know if a judge will finally see my struggle with false accusations and years denying parenting time but I pay every cent faithfully. Ironically, I’m mortgaging my current relationship with my children because the support I pay is so high I can’t afford to go see them where she took them. I live in Phoenix, they live in a town of 300. I’m an alienated father.
A: The general process to enforce court-ordered parenting time that the other parent is denying is to file a contempt action. The other parent can be ordered up to 6 months jail time for failing to following the court's order. Whether the court will order such or instead something like make up parenting time or an order to reimburse costs for travel expenses when didn't get to see the children after traveling for a visit, depends on the facts and the judge assigned to the case.
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