Shared child custody refusal during summer months

STL Moms
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ST. LOUIS, MO (STLMoms) – It’s a hot button issue for many parents of divorce that seems to escalate during the summer months. Family attorney Jonathan Marks with the Marks Law Firm is here this morning to talk about the failure to uphold the agreement for custody of a child.

Sometimes, co-parenting causes more harm than good. If your co-parent has refused to send a child as scheduled, you should take several precautions. Jonathan recommends that parents should make exchanges at a police station. While acceptance of a single refusal may be the best way to handle the refusal in the moment, it is not the right approach in the long run, as it will only encourage the refusing parent to continue to deny custody.

A parent should file a family access motion or file a motion for contempt if they’ve been denied custody one or two documented times. Parents should document every custody refusal; do not escalate in a way that would not be in the child’s best interest, and do not wait too long before you seek court intervention.

If your child refuses to go with the other parent as scheduled, seek counseling or file a parental alienation, which is the deliberate attempt over time by one parent to discourage a child from wanting to be with the other parent.

For more information on this tough topic, visit


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