Written by Canterbury Law Group

Parallel Parenting: Making a Plan and Getting Started

Parallel Parenting: Making a Plan and Getting Started

Parallel parenting is a co-parenting approach designed for high-conflict situations where parents have difficulty communicating and cooperating with each other. It allows parents to disengage from each other and focus solely on the needs of their children. Here are steps to create a parallel parenting plan and get started:

  1. Understand Parallel Parenting: Educate yourself about parallel parenting and its principles. Recognize that it’s a temporary solution for high-conflict situations and focuses on minimizing direct contact between parents while ensuring the children’s well-being.
  2. Develop a Parenting Plan: Create a detailed parenting plan that outlines the custody schedule, decision-making responsibilities, communication protocols, and guidelines for resolving disputes. Specify how you will handle holidays, vacations, school events, medical appointments, and other important matters.
  3. Minimize Direct Contact: Establish methods for communication that minimize direct contact between parents. Consider using communication tools such as email, text messaging, or co-parenting apps that allow for asynchronous communication and provide a record of interactions.
  4. Set Boundaries: Define clear boundaries and expectations for communication and interaction. Agree on topics that are off-limits for discussion and commit to respecting each other’s privacy and personal space.
  5. Focus on the Children: Keep the children’s best interests at the forefront of your decision-making. Prioritize their emotional well-being and strive to create a stable and nurturing environment for them.
  6. Respect Court Orders: Adhere to any court orders or legal agreements related to custody, visitation, and parenting responsibilities. Follow the terms outlined in the parenting plan and seek legal advice if modifications are necessary.
  7. Seek Support: Reach out to professionals, such as therapists, mediators, or family counselors, who specialize in high-conflict co-parenting situations. Consider joining support groups or seeking guidance from trusted friends and family members.
  8. Practice Self-Care: Take care of yourself physically, emotionally, and mentally. Engage in activities that reduce stress and promote relaxation. Practice effective coping strategies and seek professional help if needed.
  9. Evaluate and Adjust: Regularly assess the effectiveness of the parallel parenting arrangement and make adjustments as needed. Be open to revisiting and modifying the parenting plan to address changing circumstances or concerns.
  10. Stay Committed: Commit to making parallel parenting work for the well-being of your children, even when faced with challenges or setbacks. Stay focused on creating a positive co-parenting environment that allows your children to thrive despite the conflict between parents.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Written by Canterbury Law Group

Enforcing Custody and Child Support Orders

Enforcing custody and child support orders can be a complex and frustrating process, but there are steps you can take to ensure your child receives the support and care they deserve. Here’s an overview of your options:

Before taking action:

  • Review the order carefully: Understand the specifics of your custody and child support agreements, including visitation schedules, payment amounts, and deadlines.
  • Document any violations: Keep detailed records of any missed visits, late payments, or other violations of the order. Include dates, times, and any witnesses or evidence.
  • Communicate with the other parent: Attempt to resolve the issue amicably through direct communication. Express your concerns and try to find a solution that works for both parties.

If communication fails:

For custody violations:

  • Contact local law enforcement: If the other parent refuses to return your child after a visit or interferes with your parenting time, you can contact law enforcement to enforce the order.
  • File a motion for contempt of court: This legal action requests that the court find the other parent in contempt for violating the custody order and impose penalties, such as fines, jail time, or changes to the custody agreement.

For child support violations:

  • Report the delinquency to the child support agency: Your state likely has a child support agency that can help with enforcement. They can take actions like wage garnishment, tax refund interceptions, and license suspensions against the non-paying parent.
  • File a motion for contempt of court: Similar to custody violations, you can ask the court to find the other parent in contempt for failing to pay child support and impose penalties.

Additional resources:

  • Family law attorney: Consulting with a lawyer experienced in family law can provide valuable guidance and representation throughout the enforcement process.
  • Online resources: Many government agencies and legal organizations offer online resources and information on enforcing child support and custody orders.

Remember:

  • Documentation is key: Maintain detailed records of your attempts to resolve the issue and any subsequent actions you take.
  • Be patient: Enforcing orders can take time. Be persistent and follow through on all steps.
  • Seek professional help: Don’t hesitate to consult with a lawyer if you need assistance navigating the legal process or protecting your child’s rights.

Handling Custody Violations

Handling custody violations can be emotionally charged and demanding, but taking the right steps can help you protect your child’s well-being and enforce the court-ordered custody agreement.

Before Taking Action:

  • Gather Information: Clearly understand the specifics of the custody agreement, including visitation schedules, communication protocols, and exchange procedures.
  • Document Violations: Maintain detailed records of each violation, including dates, times, circumstances, and any witnesses or evidence (e.g., texts, emails).
  • Attempt Direct Communication: Try to resolve the issue directly with the other parent. Clearly express your concerns and attempt to find an amicable solution.

If Communication Fails:

Severity of Violation:

  • Minor Violations: Consider the severity of the violation. Minor inconsistencies or scheduling mishaps might warrant a more informal approach like mediation before resorting to legal action.
  • Serious Violations: For serious violations like prolonged withholding of the child, interference with visits, or endangering the child’s safety, immediate legal action is crucial.

Legal Options:

Contempt of Court:

  • File a motion for contempt: This legal action requests the court to find the other parent in contempt for violating the custody order. If proven, the court can impose penalties like fines, jail time, makeup visitation, or even changes to the custody agreement.
  • Gather Evidence: Prepare a strong case with documented evidence of the violations, witness testimonies (if applicable), and communication attempts.
  • Consider Legal Representation: Consulting a lawyer experienced in family law can provide invaluable guidance and representation throughout the contempt proceedings.

Additional Actions:

  • Mediation or Collaborative Law: Explore alternative dispute resolution methods like mediation or collaborative law to reach an agreement outside of court, potentially saving time and money.
  • Report to Child Protective Services: If the child’s safety is at risk due to the violation, contacting child protective services might be necessary to ensure their well-being.

Remember:

  • Document Everything: Maintain detailed records of all communication, actions taken, and legal proceedings for future reference.
  • Prioritize Child’s Well-being: Keep the child’s best interests at the forefront of your decisions and actions throughout the process.
  • Seek Professional Help: Don’t hesitate to consult with a lawyer for personalized guidance and representation, especially in complex or serious situations.

By understanding your options, gathering evidence, and potentially seeking legal support, you can effectively address custody violations and advocate for your child’s rights.

Handling Child Support Violations

Dealing with child support violations can be frustrating and stressful, but there are effective steps you can take to ensure your child receives the financial support they deserve. Here’s a breakdown of your options:

Before Taking Action:

  • Review the Order: Thoroughly understand the specifics of the child support agreement, including payment amounts, deadlines, and communication protocols.
  • Gather Evidence: Maintain detailed records of missed or late payments, including dates, amounts, and any communication attempts with the other parent.
  • Contact the Payor: Try to resolve the issue directly. Express your concerns and attempt to find an amicable solution, like a payment plan.

If Communication Fails:

Formalizing Enforcement:

  • Report to Child Support Agency: Most states have child support agencies that handle enforcement. They can initiate actions like wage garnishment, tax refund interception, and license suspensions against the non-paying parent.
  • File Motion for Contempt: This legal action requests the court to find the other parent in contempt for violating the child support order. If proven, the court can impose penalties like fines, jail time, or even changes to the child support amount.

Additional Strategies:

  • Hire a Family Law Attorney: Experienced legal counsel can guide you through the process, navigate complex situations, and protect your rights.
  • Consider Mediation: Explore alternative dispute resolution to reach an agreement outside of court, potentially saving time and money.
  • Credit Reporting: In some cases, reporting the delinquency to credit bureaus might incentivize payment.

Remember:

  • Documentation is Key: Maintain detailed records of your attempts to resolve the issue and any subsequent actions taken.
  • Be Patient: Enforcement can take time. Be persistent and follow through on all steps.
  • Seek Professional Help: Don’t hesitate to consult a lawyer, especially in complex situations or if significant amounts are owed.

Additional Resources:

  • Your State’s Child Support Agency: Find relevant information, resources, and online tools for enforcement.
  • National Child Support Enforcement Association: Offers informative resources and guidance on child support matters.
  • Federal Office of Child Support Enforcement: Provides information and resources on federal involvement in child support enforcement.

By understanding your options, taking proactive steps, and potentially seeking legal support, you can increase your chances of successfully enforcing the child support order and ensure your child receives the financial resources they are entitled to.

Dealing with child support violations can be frustrating and stressful, but there are effective steps you can take to ensure your child receives the financial support they deserve. Here’s a breakdown of your options:

Before Taking Action:

  • Review the Order: Thoroughly understand the specifics of the child support agreement, including payment amounts, deadlines, and communication protocols.
  • Gather Evidence: Maintain detailed records of missed or late payments, including dates, amounts, and any communication attempts with the other parent.
  • Contact the Payor: Try to resolve the issue directly. Express your concerns and attempt to find an amicable solution, like a payment plan.

If Communication Fails:

Formalizing Enforcement:

  • Report to Child Support Agency: Most states have child support agencies that handle enforcement. They can initiate actions like wage garnishment, tax refund interception, and license suspensions against the non-paying parent.
  • File Motion for Contempt: This legal action requests the court to find the other parent in contempt for violating the child support order. If proven, the court can impose penalties like fines, jail time, or even changes to the child support amount.

Additional Strategies:

  • Hire a Family Law Attorney: Experienced legal counsel can guide you through the process, navigate complex situations, and protect your rights.
  • Consider Mediation: Explore alternative dispute resolution to reach an agreement outside of court, potentially saving time and money.
  • Credit Reporting: In some cases, reporting the delinquency to credit bureaus might incentivize payment.

Remember:

  • Documentation is Key: Maintain detailed records of your attempts to resolve the issue and any subsequent actions taken.
  • Be Patient: Enforcement can take time. Be persistent and follow through on all steps.
  • Seek Professional Help: Don’t hesitate to consult a lawyer, especially in complex situations or if significant amounts are owed.

Additional Resources:

  • Your State’s Child Support Agency: Find relevant information, resources, and online tools for enforcement.
  • National Child Support Enforcement Association: Offers informative resources and guidance on child support matters.
  • Federal Office of Child Support Enforcement: Provides information and resources on federal involvement in child support enforcement.

By understanding your options, taking proactive steps, and potentially seeking legal support, you can increase your chances of successfully enforcing the child support order and ensure your child receives the financial resources they are entitled to.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

Parenting Coordination Pros And Cons

Parenting coordination is a process that involves a qualified and neutral third party, known as a parenting coordinator, to assist divorced or separated parents in resolving parenting disputes and making decisions about the well-being of their children. The goal is to help parents work together more effectively and reduce conflict in co-parenting relationships. Here’s an overview of parenting coordination, including its definition, pros and cons, and potential costs:

What is Parenting Coordination:

Definition: Parenting coordination is a form of alternative dispute resolution that focuses specifically on parenting issues. It is often used in situations where high conflict between parents is negatively affecting their ability to co-parent effectively.

Role of the Parenting Coordinator: The parenting coordinator acts as a mediator and facilitator, assisting parents in resolving disputes related to parenting plans, visitation schedules, and other child-related matters. The coordinator helps implement and modify existing parenting plans, facilitates communication between parents, and provides recommendations to the court if necessary.

Pros of Parenting Coordination:

  1. Conflict Reduction:
    • Parenting coordination can help reduce conflict between parents by providing a structured and neutral forum for dispute resolution.
  2. Faster Resolutions:
    • The process is designed to address issues promptly, potentially avoiding lengthy court battles and delays.
  3. Child-Centered Solutions:
    • The focus is on the best interests of the child, promoting solutions that benefit the children involved.
  4. Ongoing Support:
    • Parenting coordinators can provide ongoing support and assistance, helping parents navigate changes and challenges over time.

Cons of Parenting Coordination:

  1. Cost:
    • Parenting coordination services may involve costs, including fees for the coordinator’s time. Costs can vary based on the professional’s rates and the complexity of the case.
  2. Limited Legal Authority:
    • Parenting coordinators do not have the legal authority to make binding decisions. Their role is advisory, and their recommendations may be subject to court approval.
  3. Not Suitable for All Cases:
    • Parenting coordination may not be suitable for cases involving domestic violence, substance abuse, or other severe issues. In such cases, more intensive interventions may be needed.
  4. Mutual Agreement Required:
    • Both parents must agree to participate in parenting coordination for it to be effective. If one parent is resistant, the process may face challenges.

Costs of Parenting Coordination:

The costs of parenting coordination can vary widely based on factors such as the coordinator’s fees, the frequency of sessions, and the complexity of the issues. Parenting coordinators typically charge hourly rates, and the total costs will depend on the number of hours required to address the specific needs of the case. Generally, expect to pay hourly rates ranging from $200 to $400, with initial consultations often costing extra. Some courts may offer subsidized or pro bono parenting coordination services for low-income families.

It’s essential for parents to discuss fees and payment arrangements with the parenting coordinator upfront to ensure transparency and clarity regarding costs.

Keep in mind that the information provided here is a general overview, and the specifics of parenting coordination, including pros, cons, and costs, can vary based on local regulations, the expertise of the coordinator, and the unique circumstances of each case. If you’re considering parenting coordination, consulting with a family law professional in your jurisdiction can provide you with more tailored and accurate information

 

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

How Child Custody Is Determined In Arizona

Children aren’t mature enough to have the same rights as parents, but they have certain protections. These ensure the best interest of the child.

 

The right to state their opinion

In some states, the court must consider the child’s custody preference when making the final custody decision. The judge usually figures this out by interviewing the child in private. The older the child, the more weight is given to their opinion.

The court won’t always go along with what the child says, even in states like Georgia, where children 14 or older can generally choose whom they want to live with. The judge must rule in line with the child’s best interest. So if a child wants to live with a parent simply because that parent lets them stay up late, the judge will only go with that if that parent is the most competent.

Children can testify during a trial if they have information that can impact the verdict. This is rare since testifying can be distressing for a child. Instead, the judge usually speaks to the child in private or appoints a professional like a custody evaluator to assess the situation.

The right to legal representation

Children have a right to their own legal representation if necessary.

Guardians ad litem represent the child’s best interest. They are usually reserved for cases involving abuse or neglect, but some states assign them in all child custody cases.

Attorneys ad litem represent what the child wants. Typically, they’re appointed on a case-by-case basis, but there are courts that require their involvement for specific case types.

These professionals speak for the child in court and advocate for their rights. Also, they might conduct a short investigation that includes interviews with each parent and a viewing of the child’s potential homes.

The right to safety, education and healthcare

Children have the right to live in an environment free of substance abuse, violence and other dangers. This is why child welfare agencies can intervene when parents put a child in danger. This right also impacts whether a parent receives physical custody.

The right to have a relationship with both parents

Research has shown that children fare better when both parents are part of their lives. For this reason, courts seek to make custody rulings that let the child build a relationship with both parents. Even if a parent isn’t fit for custody, protections like supervised visitation ensure the child can safely be around them.

Parents must also protect this right by allowing visits and not interfering with the other parent’s time with the child. Otherwise, they could lose custody.

The right to financial support

So long as the child is under 18, parents must financially support them.

When parents separate, one typically pays child support to the other. The payer is generally the noncustodial parent or the parent who sees the child less often. If the parent fails to pay support, they could faces penalties ranging from fines to jail time.

Best Interest of the Child

When a court is asked to decide on issues of custody, they will use the best interests of the child standard to do so. In other words, the primary goal of the court isn’t necessarily doing what either parent wants but instead is doing what is best for the children involved.

Courts can consider many factors to determine the best interests of the child including:

  • The recommendations made by a mental health professional after a custody evaluation
  • The preference of the child if they are old enough to have an opinion
  • Who has been the child’s primary caregiver (if either parent has)
  • The ability of each parent to provide a stable, loving home
  • Whether the child has any special needs
  • The emotional ties the child has with parents, siblings and other household members
  • The parents’ ability to provide connections with support networks, including extended family members
  • The mental and physical needs of the child
  • The presence of domestic violence in the home

The specifics vary by state. Courts do not express a preference for parents of a particular gender (such as defaulting to giving custody to a mother). Instead, the goal is to look at the big picture and see which custody arrangement would best ensure the child’s stability and security moving forward. And, in most cases, this means keeping both parents in the child’s life.

 

Source

https://www.custodyxchange.com/topics/custody/legal-concepts/children-custody-rights.php

https://www.forbes.com/advisor/legal/child-custody/child-custody/ 

In the last few years, Arizona has completed an overhaul of custody laws. Essentially moving to a model based on “parenting time” and “legal decision making” as opposed to the terminology previously utilized for custody issues. In January 2013 this move took effect and signified a shift of emphasis towards making joint parenting a priority as opposed to the older legislative model that tended to use every other weekend style custody arrangements and that Mothers would no longer be favored over Fathers automatically as the parent with primary custodial responsibility.

Although there has been a change in the statutory language and terminology used, child custody determination still use legal decision making in an effective manner. Primarily, the determination of parenting time and legal decision-making reflect which of the parents have the right to make certain decisions on behalf of the child or children as well as how much time the individual patent gets to spend with the child or children.

The following discusses how Arizona courts make their determinations of parenting time and legal decision-making.

Determining Legal Decision Making

Based on the best interests of the child, Arizona decided to replace legal custody with legal decision making authority. This means legal decision making allows parents to make important decisions regarding the life of a child or children. These can include, personal care, education, healthcare, and religion. The courts will consider “all factors that are relevant to the child’s physical and emotional well-being”, as outlined by  A.R.S. §25-403. – when making a determination of which parents will have this authority.

There are many factors which courts consider that are specifically mentioned in this particular Arizona statute including:

  • The adjustment of the child or children to their school, community and home environments
  • The child or childrens’ relationships and interactions with siblings, parents and other people who can have a significant effect on the best interest of the child or children
  • The physical and mental health of the parents
  • An examination of the parent and child or children’s past, present and potential future parental relationships
  • If the child or children are of a suitable age, their personal wishes of who they wish to primarily reside with
  • A determination of whether child abuse or domestic violence has been a feature of the home life of the child or children

In summary, the court examines many factors when the court determines which parent should have the authority of legal decision-making. Once everything has been given due consideration, the court will decide to give sole legal decision-making authority to one parent or joint legal decision making authority to both parents. Most similar in form to being granted sole custody, sole legal decision-making authority means one parent is granted the authority to take the major decisions regarding the life and welfare of the child or children. Conversely, both parents will have an obligation to work together if joint decision making is granted by the court.

Legal Decision-Making Considerations

The other primary part of custody is known as “parenting time.” This determines how much time a parent is authorized to physically spend with their child or children and decisions are made by the court using the principles of the “best interests of the child.” A.R.S. §25-403.02 states that parents in Arizona have to submit a mandatory plan of parenting if both parents are unable to come to an agreement regarding the time each parent will spend with their child or children. Because the courts will always make a decision based on the child’s best interest, it is worth noting the determination of joint legal decision-making may not necessarily justify equal parenting time. In a similar vein, the parent who lacks the authority to make decisions is still entitled to a meaningful and productive relationship with the child or children. Only in the case where a parent is not in a fit state to be with their child or children (often for reasons such as child abuse or substance abuse), it is very likely both parents will be granted enough time by the court to continue developing a meaningful relationship with their child or children. As ever, the actual time will be determined by what is in the best interests of the child or children.

Non-Considered Factors

Many people think the female parent will be automatically awarded as the primary caretaker of the child or children. This is simply no longer the case in Arizona.  The parent’s enthusiasm and relationship with the child are paramount. The wealth of the parent or their socioeconomic status has almost nothing to do with the Court’s decision.

Parents only have to provide adequate and safe accommodation for the child or children. The court will not always grant custody to the parent who happens to be more affluent. Both parents should be able to provide comfortable living conditions, cleanliness and the ability to provide for the healthcare of the child. Regarding religion, it is important to be reminded of the fact the court will always act in the best interests of the child or children. Providing the religion of the parent does not cause harm to the child or children – the religion of the parents are not grounds for parental duties disqualification.  Put another way, Mom goes to her church on her days, and Father does or does not attend his venue with the children on his days.

Other Important Considerations

  • In Arizona, family law courts have the ability to grant both joint and sole custody. It is more common for sole custody to be granted when the parties cannot reach a mutual agreement
  • If you use unsubstantiated or false allegations of neglect or abuse against the other parent – it will be used against you by the courts in the process of decision-making; be very careful what you allege in your papers, they are tendered under penalty of perjury
  • The more mature or older the children or child will be increasingly considered (e.g interviewed)  in the legal process
  • Remember the parent who is more open to negotiation and communication with the other parent is often more likely to obtain primary custody or the majority of the children or child’s guardianship

When both parents submit a written plan for parenting and are open to communication and negotiation, the court will grant joint custody on the occasions it is in the best interests of the child or children. Families settle on a successful custody situation in more than 95% of the cases outside the court system in an amicable manner. However, if you are unable to make a mutually successful achievement on a child custody agreement, talk to a family law attorney to investigate your options in achieving resolution via litigation.

Sources:

Hg.org, www.hg.org/legal-articles/how-is-child-custody-determined-in-arizona-29809.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

What Not To Do During a Custody Battle

What Not To Do During a Custody Battle

Knowing what not to do during a custody battle and what the judge will look for can help you prepare the best case possible. While some missteps like lying in court are obvious, you might not have considered some actions that can hurt your case.

Visualize your schedule. Get a written parenting plan. Calculate your parenting time.

Preparing For Court

Don’t lie in child custody court

What you say in court and the information you include on court forms must be true. Lying in court during a child custody case ruins your credibility.

The judge will look for the truth in each parent’s claims through custody evaluations, witness testimony and other evidence presented at trial. Lying in court during a child custody case could cause a parent to lose custody or be held responsible for paying the other parent’s legal fees.

Don’t refuse to participate in the case

Since court cases are often stressful and expensive, you might feel tempted to ignore the case altogether. Yet not taking part in a custody case could cause you to miss out on time with your child.

If you don’t answer the other parent’s filing, the court could issue a default judgment against you. This means the other parent would get everything they asked for without any input from you.

During your case, you’ll receive mailings that require a response, such as requests for documents and notices to appear in court. Ignoring these could lead to the dismissal of your case. Make sure you don’t leave the city or state for an extended period as these documents are typically sent to your last known address or workplace.

Don’t disrespect the other parent

One thing the judge will look for in a child custody case is whether a parent will encourage a relationship between their ex and the child. Disrespecting the other parent shows that you might not be capable of doing so.

Insults directed at your ex through social media, calls, texts and emails could all impact the verdict. You also shouldn’t make negative comments about your ex in front of others. What you say could come to light in court through witness testimony.

Don’t abuse alcohol or drugs

Substance abuse is a major mark against a parent in a custody battle. When you’re under the influence, you can’t be the parent your child needs — especially if you’re dependent on that substance to get through the day. Make responsible choices to show the court you’re fit to parent.

Don’t withhold your child

Withholding your child from the other parent is unique compared to other things not to do during a custody battle because it comes with a caveat: Keeping the child away from the other parent might be your only choice if the parent presents a clear danger.

When there aren’t any safety risks, denying the other parent access to the child will reflect poorly on you. Courts prefer to keep both parents involved in a child’s life and want to see that you can encourage a positive relationship between your child and your ex.

Don’t involve your child in the case

Your child may be the subject of the custody battle, but putting them in the middle will cause undue stress.

Spare them the details of the case, and turn the focus toward maintaining the routines the child is used to and spending quality time together. Distractions from what’s going on in the household like extracurriculars are particularly helpful in allowing some sense of normalcy.

Don’t bring new partners into your child’s life

Bringing a new partner into your child’s life is an often overlooked example of what not to do during a child custody battle. Your child will be in a fragile state during this time. A new partner could cause confusion and anger if your child assumes you’re trying to replace their other parent.

If you do have a new partner, don’t involve them in the case. Judges often frown upon parents who bring their partners to court because their presence could be a distraction. Outside of court, keep interactions between your partner and your ex to a minimum. Any confrontations that occur could help your ex’s case.

Don’t push for a trial without trying to compromise

Trial should be a last resort after all other attempts at a resolution have failed. Stay in charge of parenting decisions and jump-start your co-parenting relationship by negotiating a settlement with the other parent. If you find it difficult to resolve your differences with just the two of you, try an alternative dispute resolution method.

Don’t show up to court unprepared

Preparation is key in a custody battle. You’ll need to be ready to speak in front of the judge, propose a parenting plan and present solid evidence to back up your claims. If you have a lawyer, they will help you prepare.

If you represent yourself, review your state’s child custody laws and rules of evidence to avoid presenting evidence that the court cannot consider. For example, in some states, recording phone conversations without the other person’s permission is illegal. Illegally-obtained recordings hurt your credibility and can’t be used in court.

Don’t behave badly in the courtroom

Your behavior in the courtroom will have an impact on the final verdict. In a custody case, the judge will look at each parent’s actions in the courtroom as a reflection of their character.

Don’t talk out of turn or get into arguments with the other parent. Treat everyone in the courtroom and in the courthouse with respect.

Don’t disregard court orders

Temporary orders are often part of divorce and custody cases. These orders stay in effect until the court issues final orders.

If you have court orders for child support or visitation, make sure you follow them. Not doing so shows a lack of respect for the court and that you may not be capable of following the final custody order.

Also, don’t get into the habit of rescheduling time with your kids. Show up on time for pickups, and drop your child off as scheduled to show the court you can adhere to orders. Only stray from the order if absolutely necessary, and give the other parent proper notice.

What Is Parental Alienation?

Both judges are evaluators of child custody will seek the parent whose actions are positive and promote the relationships between the child or children and both parents. it is vital a parent never appears to be in a mode or retaliation or be vindictive or use financial issues as a weapon in matters of child custody. Therefore, parental alienation happens when a parent is guilty of causing a child or children to be negatively influenced towards the other parent of the child or children. On occasions this behavior can be unintentional but if often intentional and it is worth remembering parental alienation is not only a weapon used by one gender. Parental alienation is not gender specific any either parent is equally able to indulge in this destructive pattern of behavior should they wish to do so.

Parental Alienation Examples

There are many ways a child or children can be manipulated when one parent carries out acts of parental alienation. The goal is normally to separate the emotional bond a parent has with the child or children. The parent can do this by making negative comments about the parent directly to the child or children or to third parties but by ensuring the child or children can hear what is being said. These comments can have a great influence on a child or children who if they hear negative comments on a regular basis, become more credible and believable to the young minds who hear it. In the end, the result is often the child or children sees the other parent in the manner the way the accusatory parent has presented the situation to them.

Additionally, other members of the family may also join the accusatory parent in making alienating comments and actions towards the other parent in front of the child or children. These do not have to be outrageous statements, but just small comments and actions can help to cement negative thoughts towards the other parent. Nonetheless, with alienating, it is more often than not that not just one act or statement is negative, but usually the result of many small comments made over a prolonged period of time.

Signs of Parental Alienation

As we have discussed it is seldom one single action represents parental alienation but a series of actions and words and thoughts that manipulate a child or children negatively impact a parents’ relationship with their child or children. Undoubtedly some tactics used in parental alienation are extremely harmful but never more so than when a parent accuses the other of criminal activity. Especially when they do this in front of a child or children. This is a matter that needs to be acted on immediately. Here are some signs to look for that your child or children may be the victim of parental alienation:

  • Is a parent creating scenarios where the child or children misses when it is your time for visitation?
  • Has the attitude of your child or children changed from one of being pleased to see you to one of being angry towards you?
  • Does your child or children no longer use a familiar, informal name for you?
  • Does your child or children show signs of being uncomfortable around you?
  • Does your child or children only give very brief, monosyllabic answers?
  • Does the other parent turn up unexpectedly, creating drama and tension when there is no need to do so?
  • Does the other parent severely question the child or children following your visitation?
  • Does the other parent show resentment when you discuss enjoyable times with your child or children?
  • Does the child know matters regarding the divorce beyond what they need to know at their age?
  • Does it appear your parenting time is being cut short, altered or canceled at short notice?

There are three types of parental alienation.

 

  • Mild parental alienation: The child avoids contacting the alienated parent, but has a good relationship with them when the alienator is not around.
  • Moderate parental alienation: The child strongly resists contact with the alienated parent and is resentful when they do spend time together.
  • Severe parental alienation: The child insists on not having contact with the alienated parent. They may hide or run away to avoid being around the parent. In these cases, the alienator is determined to ruin the other parent’s relationship with the child.

Signs of parental alienation

Five factors help identify PA.

 

  • The child actively avoids, resists or refuses a relationship with the nonpreferred parent.
  • The child and nonpreferred parent once had a positive relationship.
  • The nonpreferred parent displays no abusive, neglectful or bad parenting behaviors.
  • The child shows many of the behaviors associated with parental alienation (more below).
  • The preferred parent shows multiple alienating behaviors (more below).

Behaviors of a child affected by parental alienation

A child affected by parental alienation may show eight behaviors. It’s important to note that these can also occur without parental manipulation.

 

  • Unfair criticism of the alienated parent (known as a campaign of denigration)
  • Unjustified harsh feelings toward the alienated parent
  • Exclusively negative feelings toward the alienated parent and only good feelings toward the alienator (known as a lack of ambivalence)
  • Insistence that all of their negative feelings and criticisms are their own (called the independent thinker phenomenon)
  • Consistent support of the alienator
  • Repetition of language and false stories told by the alienator
  • Lack of guilt about their hatred or mistreatment of the alienated parent
  • Extension of their dislike of the alienated parent to the alienated parent’s relatives

Behaviors of an alienating parent

An alienator’s behaviors may include:

 

  • Sharing personal information with the child (e.g., the other parent’s infidelities)
  • Preventing the child from talking to or visiting the alienated parent
  • Planning activities that they know will interfere with the alienated parent’s visitation time
  • Disobeying the parenting plan or refusing to negotiate a plan with the other parent
  • Hiding important information from the other parent (e.g., the child’s report card or medical records)
  • Monitoring all contact between the child and the alienated parent

It has been suggested that parents with behavioral issues like narcissistic personality disorder are more likely to be alienators. Though many people assume it’s more common for a mother to use a child against a father, parental alienation against a mother can also occur.

What to do about parental alienation

If you suspect parental alienation, seek professional help. It’s best to be proactive because the more severe PA becomes, the harder it is to treat.

A mediator, therapist, family counselor or child psychologist could help you figure out whether alienation is occurring and come up with a plan to improve your relationship with your child.

More research is needed to find a safe and effective treatment for PA. Current responses depend on the level of alienation.

  • Mild parental alienation: A judge could order parents to allow one another to have a healthy relationship with the child.
  • Moderate parental alienation: A parenting coordinator could help to reduce conflict and improve communication. Both parents and the child could also go to counseling. None of this will be effective if the alienator refuses to take part and continues alienating the child.
  • Severe parental alienation: The alienator might lose custody and only have supervised visits, while the child might have to attend reconciliation therapy with the alienated parent. This treatment may have negative side effects.

Parental Alienation Laws in Arizona & Effect on Child Custody (Legal Decision Making)

Title 25’s legal decision-making laws were last modified a couple of years ago when the Arizona state legislature decided it will be the responsibility of the court to engage both parents in the raising of a child or children. In light of this, clearly parental alienation is recognized as being a cause of damage to a child or children. When one parent has an established history of using parental alienation, it is less than likely they will be able to come to an agreement regarding parenting time or putting the best interests of the child or children first. In some cases, not even the use of lawyers or mediators assist in getting to this goal.

In such circumstances, a judge will consider what is in the best interest of the child or children. To make that determination, the judge will review  Arizona Code section 25-403.

The court is going to examine what parent is more likely to allow frequent, meaningful and continued custody with the other parent. So parental alienation can definitely count against a parent in these circumstances. The court may decide the child or children should be spend additional time with the other parent who is not involved in the practice of alienation tactics. In some circumstances, this alienation crosses a line into custodial interference where one parent violates current custody orders. In Arizona, this is considered a felony offense with possible jail time.

Source: “Parental Alienation.” Stewart Law Group, https://www.arizonalawgroup.com/child-custody/parental-alienation/

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Written by Canterbury Law Group

Co-Parenting With a Narcissist: Tips and Strategies

Parental Alienation In Arizona

While co-parenting can be difficult, it might seem unachievable if your ex is a narcissist.

Regretfully, you are aware of how a narcissist prioritizes their own self-interest over their parental duties and disregards the welfare of their children. You know how they deceive, how they manipulate, how they abuse emotions in an attempt to gain respect and control.

Additionally, if you’re divorcing a narcissist, you’re probably coping with the fallout from a highly contentious custody dispute and attempting to work out a complicated custody arrangement.

But don’t give up—if you have the correct attitude and parenting resources, you can create plans to lessen conflict and successfully co-parent with a narcissist.

Narcissism: What is it?

When sharing custody with a narcissistic ex, it’s critical to understand exactly what narcissism is. This makes it easier for you to deal with them and lessen the harm they cause to your child by enabling you to understand what drives their behavior.

Narcissism is more than just a propensity for selfishness or self-centeredness; rather, it is an extreme form of self-involvement in which the individual is indifferent to the needs of others or the consequences of their actions.

Remember that a person with narcissistic personality disorder (NPD) is not the same as someone who just has a narcissistic personality. NPD is a mental health condition that a psychiatrist or psychologist will diagnose. An individual must continuously display at least five of the following characteristics in order to be diagnosed with NPD:

  • Excessively lofty and conceited feeling of importance
    Obsession with grandiose fantasies Belief in their own superiority over others
    Excessive need for validation, praise, and adoration
    Possession of rights and anticipation of favorable treatment
    Lack of empathy and unwillingness to take other people’s feelings into account Believing that other people are envious of them
    Extreme conceit and snobbishness. While exhibiting any of the aforementioned behaviors on a regular basis, a person with narcissistic personality traits may not fit the NPD diagnostic criteria or receive an official diagnosis.

Thinking of narcissism as a spectrum, with narcissistic personality disorder at the other end, and someone with a few narcissistic traits that negatively impact others at the other, can be helpful. Your co-parenting techniques take into account your ex’s particular behaviors, where they are on the spectrum, and the dynamics of your relationship.

A narcissistic parent: what is it?

A narcissistic parent puts themselves before their child; rather than fostering the child’s growth into a mentally sound adult, a narcissistic parent is only interested in utilizing the child to further their own self-serving agenda.

Instead of viewing their child as an individual, a narcissistic parent views them as an extension of themselves. When their child doesn’t live up to their irrational expectations, they frequently try to live through them and punish them. Their child’s independence and interactions with other people, particularly with the other parent, make them feel threatened and possessive. On the other hand, a narcissistic parent may be careless or even completely ignore their child if they are unable to use them to further their own agendas.

Narcissists are erratic people who frequently lose their cool and become furious with their kids and other people. To increase their own sense of value, they purposefully undermine their child’s confidence and sense of self-worth. In order to get their way, they frequently lie, guilt-trip, gaslight, and employ other emotional manipulation techniques. They can also become obsessed with controlling both their child and their co-parent.

Children who grow up with a narcissistic parent face serious, lifelong psychological consequences such as low self-esteem, internalized guilt and shame, and trouble developing safe emotional attachments.

Strategies for co-parenting with a narcissist

You must approach co-parenting like a business partnership in order to effectively share custody with a narcissist: create clear guidelines, impose strict boundaries, and keep meticulous records of everything. In addition, you must learn how to be an emotionally detached parent, learn how to talk to narcissists and ignore them, and detach emotionally from your child.

Make a thorough parenting strategy.

The rules governing the division of parenting duties between co-parents are outlined in a parenting plan. Experts always advise having a parenting plan, and the majority of states mandate them as part of custody orders.

One of the most crucial things you can do to make co-parenting with your narcissistic ex manageable is to have a comprehensive, personalized plan that gives you the ability to set firm boundaries with them.

Specifically crafted to meet your child’s needs, your plan should shield both you and your child from the negative impacts of your ex’s narcissism. It ought to contain particular clauses and requirements for every facet of co-parenting, such as:

  • Guidelines for communication (between parents and between each parent and the child when they are alone)
    shared parenting principles, including rules about screen time, bedtimes, curfews, and punishment.
    Guidelines for making decisions regarding the education, health care, and religious upbringing of your child
    Procedures for resolving disputes when you can’t agree on shared parenting decisions
    Guidelines for allocating parenting costs that your child support order does not cover
    regulations prohibiting parents from disparaging one another in front of their children, using them to exchange information, or using them to learn more about one another
    Are there any additional guidelines to support a positive co-parenting dynamic and safeguard your child’s welfare?
    There are standard plans that you can or must use in many family courts, along with guidelines for what information to include. But in high-conflict situations, these templates are rarely comprehensive enough—particularly when one of the parents is a narcissist.

You must have a thorough plan to manage and prevent conflict with a narcissist because they will likely seize any opportunity to control and manipulate. If your court permits it, you may submit your own customized parenting plan in addition to adding special provisions to the standard plan. (You can easily complete both using Custody X Change’s parenting plan template.)

Parenting plans are only enforceable by courts if they are formally declared by a judge. Ask your court to make your supplemental provisions or custom parenting plan into a court order during the legal process (i.e., during a trial or settlement). In the absence of a court order, a parenting plan is merely an unofficial agreement that parents are expected to follow, which is unlikely for a narcissist to do.

Adhere to a thorough parenting timetable.

The physical custody arrangement—when the child will be with each parent—is explained in a parenting time schedule. It is also known as a visitation, residential, or time-sharing schedule and is frequently included in a parenting plan.

The rules of your local court and the custody laws in your state will determine how specific your schedule needs to be. Sometimes, family courts just mandate a parenting time division (such as a 50/50 split) and leave it up to the parents to work out a detailed schedule on their own. When you co-parent with a narcissist, you should avoid doing this because they will use any room for maneuvering to gain more control and manipulation over you and your child.

Rather, you ought to have a comprehensive parenting timetable that takes into account your child’s needs, specifies the beginning and ending times of each visit, and lays out ground rules for the times and locations of interactions. In the majority of states, courts will impose strict physical custody orders on both parents in the event of a high-conflict custody dispute or at the request of one parent. The other parent may request that the court enforce or amend the custody orders if the other parent doesn’t comply.

Plan to spend less time with the other parent when creating your custody schedule (either as part of a settlement or as a request in court). Less time spent interacting with your ex and fewer exchanges result from longer visits for each parent. For instance, think about scheduling four-day visits every other weekend rather than every weekend. You see your former partner every other week rather than every week, but the weekend parent spends the same amount of time with the child.

To find out how much time you and your partner spend with your child, you should also compute your scheduled parenting time. This is automatically computed with the Custody X Change app.

When your child is in school or with a caregiver who is not their parent, you can also record third-party time. You can see with greater accuracy how much time your child spends with each parent because this time is not included in the calculations.

Parenting time data is frequently needed for child support calculations, and it will also be necessary if you need to return to court to have your orders upheld or changed. You can track your actual parenting time and present the court reports as proof, for instance, if your ex frequently cancels visits or exceeds their allotted parenting time.

Establish strict limits on communication.

When co-parenting with a narcissist, you must set and adhere to strict boundaries regarding communication. Narcissists will use hostile and manipulative communication strategies to try to control you and keep you in their toxic orbit. It can be stopped by establishing guidelines and learning how to communicate with narcissists.

Establish guidelines in your parenting plan to safeguard you from unwelcome, needless, and unhealthy communication from your former partner. Declare that you will only talk to them about your child and co-parenting concerns, and calmly and quickly cut off any attempts to bring up forbidden subjects. Establish deadlines for responses and demand that they plan phone calls ahead of time.

Furthermore, avoid getting into disputes with them and resist their attempts to provoke you. Since narcissists, as you are aware, love attention, the best course of action is frequently to ignore them.

It’s important to remember that when co-parenting with a narcissist, experts advise against talking to them on the phone or in person. Not only is it more difficult to ignore them, but the tension can quickly turn into open conflict, frequently in front of the child, and there’s no record of what’s said.

Try to limit your communication with the other parent to text or email instead, and think about using a messaging app like Custody X Change that is specifically made for high-conflict co-parenting.

Before sending messages, it highlights aggressive language, allowing the sender to make changes. In the event that these messages are sent, the hostile language is noted explicitly in conversation logs, which, if required, can be provided to the court. To maintain structured and well-documented communication with your ex, you can also add attachments to conversations and arrange them according to topics.

Record everything.

Having already gone through the legal process of getting a divorce and determining child custody from a narcissist, you probably already know how important it is to keep meticulous records. Regretfully, the issuance of final orders does not mark the end of record-keeping. You never know when a narcissist will try to manipulate you further by modifying court orders or making up false allegations, so it’s critical to be ready with documentation of all co-parenting-related matters.

Keeping a parenting journal makes this enormous task more doable, even simple. Keep track of your child’s behavior patterns, take notes on your interactions with the other parent, electronically organize pictures and documents, and document instances where your child is impacted by the narcissistic behavior of the other parent.

To keep track of parenting costs and payments made to one another, use an expense tracker. Additionally, you can use it to ask the other parent for reimbursement for shared expenses, which keeps things businesslike and reduces needless communication.

Be the parent who is emotionally stable.

The emotional needs of their children are not given priority by a narcissistic parent. This implies that you should make it your mission to be your child’s safe haven, watching out for their wellbeing and sound emotional growth.

Give your kids the freedom to express their emotions without fear of criticism. Observe the emotional harm that the narcissistic behavior of the other parent causes to your child and devise plans to stop it or deal with it when it does.

Naturally, this presents difficulties because of the intricate psychological fallout from having a narcissistic parent. Experts advise mental health counseling for kids of narcissists because of this. Additionally, you might think about getting counseling for yourself, particularly if you exhibit signs of narcissistic abuse syndrome. Your ability to support your child will improve with the extent to which you are able to move past your relationship with a narcissist.

Think about coordinating your parenting.

You can co-parent with a narcissist more easily if you get professional help in the form of parenting coordination. A parenting coordinator is a specialist in child custody (typically a mental health specialist) who is hired by parents following custody orders or appointed by the court in cases involving high levels of conflict.

A parenting coordinator evaluates parents and makes recommendations to the judge regarding custody and parenting plan provisions during a court case. Following a case, coordinators help parents communicate and make decisions by ensuring that they adhere to the parenting time schedule. They occasionally even have the authority to decide when parents cannot agree.

When co-parenting is ineffective, consider parallel parenting.

If a narcissist is unwilling to cooperate or make concessions, co-parenting with them can be nearly impossible to manage, even with the best techniques and tools. If this describes your circumstances, you might want to think about parallel parenting. When you parent in parallel, you have very little contact with the other parent and you both raise your children independently of one an

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Written by Canterbury Law Group

What Happens if the Non-Custodial Parent Misses Visitation?

What Happens if the Non-Custodial Parent Misses Visitation?

Many parents find child support and visitation confusing. It’s not just you who is curious about the exact moment and manner in which these two align. Parental awareness is necessary because, according to state law, the two issues are actually distinct. Recognize your parental rights whether you are the primary custodial parent or the non-custodial parent.

Why the Courts Consider Visitation and Child Support Separately

Child support and child custody are considered separate issues by courts. Regardless of their experience or level of competence as parents, parents are still obligated to pay child support. All children, regardless of the type of custody and/or visitation arrangements in place, are entitled to this financial support.

Protecting the child’s best interests is the foundation for both child custody decisions. While there are many considerations, regularity and safety are usually at the top of the list.

The opportunity for the children to have nearly as much contact with each parent as they did prior to the separation and/or divorce may also be prioritized by the courts, subject to the child custody regulations recognized by a particular state. Seldom is the failure to pay child support considered a justification for limiting the children’s time with the non-custodial parent.

In any case, if the parent who is required to pay child support is current on those arrears, the court may suggest generous visitation or even shared custody.

The Impact of Missed Appointments

Visits that are cancelled are another common source of annoyance. When the non-custodial parent doesn’t follow the visitation schedule, what is the parent meant to do? Should the custodial parent continue scheduling visitation hours and endure excruciating meltdowns and outbursts after failing to show up?

Unfortunately, the custodial parent has limited options if the non-custodial parent chooses not to follow a visitation schedule that was mandated by the court. They can make an effort to get in touch with the other parent and find out why they aren’t attending the scheduled visitations. Alternatively, they could go back to court with the non-parent and ask for a different visitation schedule.

Kids and Refusing to Attend Visitations

Admit it: When a child doesn’t want to see their parent, no one can (or should) force them to. However, dealing with a child’s refusal of visitation may result in legal ramifications. In the event that kids balk at going on a planned visit with their other parent, you should:

  • Talk to them about their reasons for not wanting to participate in the visit (if they are concerned for their safety, ask to speak with your attorney).
    Assure your kids that you want them to spend time with the other parent and that their parents love them.
    Explain the concept of visitation and the reasons it’s crucial for them to spend time with each of their parents.
    Discuss with the other parent whether it would be possible for your kids to take a vacation or have fewer visits in certain situations.

What Happens If the Parent with Custody Refuses to Permit Visitation?

As the parent with custodial rights, they must adhere to the visitation schedule (sometimes referred to as a parenting plan) set by the court. Even in cases where the non-custodial parent fails to pay child support, this remains valid. You must continue to permit the visits as scheduled even though you have the option to ask the court to enforce the child support order.

The custodial parent should contact their family attorney and the state child welfare agency if they are afraid that their child will suffer any harm in the near future, such as from suspected abuse or contempt.

Every situation is unique. Consult an experienced attorney or look through the resources available in your state for comprehensive information about visitation rights and child custody.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Written by Canterbury Law Group

Custodial Parents & Noncustodial Parents Rights

One parent is designated as the custodial parent and the other as the noncustodial parent, based on the custodial rights granted to each in the final custody order. These titles have an impact on each parent’s rights and obligations, including who is responsible for paying and receiving child support, among other things.

There are states where terms with the same meaning are used differently. Ohio, for instance, employs the terms “residential parent” and “nonresidential parent.”

A custodial parent: what is it?

The principal caregiver for the child is the custodial parent. They frequently get sole custody, which grants them complete control over all decisions pertaining to the child (sole legal custody) and most or all of the parenting time (sole physical custody).

The custodial parent may be named in a joint or sole custody agreement that the parents come to. Should that not be feasible, the judge determines the appropriate party based on:

The child’s best interests

Who has more time to devote to the child? Who was the child’s primary caregiver when the custody case began? In certain states, the child’s wishes
The opportunity to spend a lot of one-on-one time with your child is one advantage of having custodial custody. There’s also the possibility that you won’t have to pay child support.

But you bear the majority of the parental load, particularly if you’re a single parent. All or most of your child’s growing pains and frustrations must be addressed as you are responsible for their daily care. In addition, you’ll have extra responsibilities that the other parent might be able to avoid, like driving the child to and from school.

Should you and your former partner get along well enough, you may be able to co-parent and divide these duties equally between the two of you.

A noncustodial parent is what?

In most cases, the noncustodial parent has less time with the child and is the one who pays child support, though they may still be eligible for assistance if the custodial parent earns a substantially higher income.

You may remain the noncustodial parent even if you share joint legal and physical custody. Perhaps the court decides you need to pay child support, or perhaps the other parent resides in a better school district.

Even though you might not see your child as much, you play an equally important role in their upbringing as the custodial parent does; children gain the most from having both parents involved.

Rights of noncustodial parents

Noncustodial parents are entitled to visitation privileges and decision-making power, unless the court rules otherwise. The court may mandate supervised visitation if there are worries about the child being with the parent alone.

The custodial parent’s refusal to permit visits does not absolve you of your child support obligations. If you want to make sure the order is enforced, you should bring the matter before a family court.

It is your right to be informed if the parent with custodial rights plans to move. The majority of states have deadlines for the custodial parent to notify the other parent when they are moving. The noncustodial parent now has time to object. If the distance is great enough to interfere with the visitation schedule, the custody order might need to be modified.

Both parents have the right to know where their child is during visits, if specified by the court order.

Working Together

For the purpose of raising your child, you and your ex-partner remain a team, despite your separation. Among the matters you ought to work together on are:

Important decisions pertaining to children, such as the child’s schooling
Significant costs for the child (such as medical procedures)

Reliability

Getting the youngster to and from appointments

Before going to court, think about attempting an alternative dispute resolution process if you’re having problems reaching a consensus on these issues. It might be more difficult to resolve conflicts amicably in the future if litigation is brought about right away.

Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 744-7711.

Written by Canterbury Law Group

What to Do About Parental Alienation

Parental Alienation In Arizona

When a child or children are in the mix during a break-up or a divorce, the communications of one parent as well as their actions may purposefully undermine the relationship the child or children has with the other parent to the extent parental relationships can be permanently damaged. As a result, courts are rapid in their actions to address such behaviors and acts when they are exposed. Parents need to understand these issues and should avoid all negative behaviors. Therefore, it is important to learn the indications in the behavior of a child or children when they have been placed in a position they are being alienated towards the other parent.

Read on to learn more about the aspects of parental alienation.

What Is Parental Alienation?

Both judges are evaluators of child custody will seek the parent whose actions are positive and promote the relationships between the child or children and both parents. it is vital a parent never appears to be in a mode or retaliation or be vindictive or use financial issues as a weapon in matters of child custody. Therefore, parental alienation happens when a parent is guilty of causing a child or children to be negatively influenced towards the other parent of the child or children. On occasions this behavior can be unintentional but if often intentional and it is worth remembering parental alienation is not only a weapon used by one gender. Parental alienation is not gender specific any either parent is equally able to indulge in this destructive pattern of behavior should they wish to do so.

Parental Alienation Examples

There are many ways a child or children can be manipulated when one parent carries out acts of parental alienation. The goal is normally to separate the emotional bond a parent has with the child or children. The parent can do this by making negative comments about the parent directly to the child or children or to third parties but by ensuring the child or children can hear what is being said. These comments can have a great influence on a child or children who if they hear negative comments on a regular basis, become more credible and believable to the young minds who hear it. In the end, the result is often the child or children sees the other parent in the manner the way the accusatory parent has presented the situation to them.

Additionally, other members of the family may also join the accusatory parent in making alienating comments and actions towards the other parent in front of the child or children. These do not have to be outrageous statements, but just small comments and actions can help to cement negative thoughts towards the other parent. Nonetheless, with alienating, it is more often than not that not just one act or statement is negative, but usually the result of many small comments made over a prolonged period of time.

Signs of Parental Alienation

As we have discussed it is seldom one single action represents parental alienation but a series of actions and words and thoughts that manipulate a child or children negatively impact a parents’ relationship with their child or children. Undoubtedly some tactics used in parental alienation are extremely harmful but never more so than when a parent accuses the other of criminal activity. Especially when they do this in front of a child or children. This is a matter that needs to be acted on immediately. Here are some signs to look for that your child or children may be the victim of parental alienation:

  • Is a parent creating scenarios where the child or children misses when it is your time for visitation?
  • Has the attitude of your child or children changed from one of being pleased to see you to one of being angry towards you?
  • Does your child or children no longer use a familiar, informal name for you?
  • Does your child or children show signs of being uncomfortable around you?
  • Does your child or children only give very brief, monosyllabic answers?
  • Does the other parent turn up unexpectedly, creating drama and tension when there is no need to do so?
  • Does the other parent severely question the child or children following your visitation?
  • Does the other parent show resentment when you discuss enjoyable times with your child or children?
  • Does the child know matters regarding the divorce beyond what they need to know at their age?
  • Does it appear your parenting time is being cut short, altered or canceled at short notice?

There are three types of parental alienation.

 

  • Mild parental alienation: The child avoids contacting the alienated parent, but has a good relationship with them when the alienator is not around.
  • Moderate parental alienation: The child strongly resists contact with the alienated parent and is resentful when they do spend time together.
  • Severe parental alienation: The child insists on not having contact with the alienated parent. They may hide or run away to avoid being around the parent. In these cases, the alienator is determined to ruin the other parent’s relationship with the child.

Signs of parental alienation

Five factors help identify PA.

 

  • The child actively avoids, resists or refuses a relationship with the nonpreferred parent.
  • The child and nonpreferred parent once had a positive relationship.
  • The nonpreferred parent displays no abusive, neglectful or bad parenting behaviors.
  • The child shows many of the behaviors associated with parental alienation (more below).
  • The preferred parent shows multiple alienating behaviors (more below).

Behaviors of a child affected by parental alienation

A child affected by parental alienation may show eight behaviors. It’s important to note that these can also occur without parental manipulation.

 

  • Unfair criticism of the alienated parent (known as a campaign of denigration)
  • Unjustified harsh feelings toward the alienated parent
  • Exclusively negative feelings toward the alienated parent and only good feelings toward the alienator (known as a lack of ambivalence)
  • Insistence that all of their negative feelings and criticisms are their own (called the independent thinker phenomenon)
  • Consistent support of the alienator
  • Repetition of language and false stories told by the alienator
  • Lack of guilt about their hatred or mistreatment of the alienated parent
  • Extension of their dislike of the alienated parent to the alienated parent’s relatives

Behaviors of an alienating parent

An alienator’s behaviors may include:

 

  • Sharing personal information with the child (e.g., the other parent’s infidelities)
  • Preventing the child from talking to or visiting the alienated parent
  • Planning activities that they know will interfere with the alienated parent’s visitation time
  • Disobeying the parenting plan or refusing to negotiate a plan with the other parent
  • Hiding important information from the other parent (e.g., the child’s report card or medical records)
  • Monitoring all contact between the child and the alienated parent

It has been suggested that parents with behavioral issues like narcissistic personality disorder are more likely to be alienators. Though many people assume it’s more common for a mother to use a child against a father, parental alienation against a mother can also occur.

What to do about parental alienation

If you suspect parental alienation, seek professional help. It’s best to be proactive because the more severe PA becomes, the harder it is to treat.

A mediator, therapist, family counselor or child psychologist could help you figure out whether alienation is occurring and come up with a plan to improve your relationship with your child.

More research is needed to find a safe and effective treatment for PA. Current responses depend on the level of alienation.

  • Mild parental alienation: A judge could order parents to allow one another to have a healthy relationship with the child.
  • Moderate parental alienation: A parenting coordinator could help to reduce conflict and improve communication. Both parents and the child could also go to counseling. None of this will be effective if the alienator refuses to take part and continues alienating the child.
  • Severe parental alienation: The alienator might lose custody and only have supervised visits, while the child might have to attend reconciliation therapy with the alienated parent. This treatment may have negative side effects.

Parental Alienation Laws in Arizona & Effect on Child Custody (Legal Decision Making)

Title 25’s legal decision-making laws were last modified a couple of years ago when the Arizona state legislature decided it will be the responsibility of the court to engage both parents in the raising of a child or children. In light of this, clearly parental alienation is recognized as being a cause of damage to a child or children. When one parent has an established history of using parental alienation, it is less than likely they will be able to come to an agreement regarding parenting time or putting the best interests of the child or children first. In some cases, not even the use of lawyers or mediators assist in getting to this goal.

In such circumstances, a judge will consider what is in the best interest of the child or children. To make that determination, the judge will review  Arizona Code section 25-403.

The court is going to examine what parent is more likely to allow frequent, meaningful and continued custody with the other parent. So parental alienation can definitely count against a parent in these circumstances. The court may decide the child or children should be spend additional time with the other parent who is not involved in the practice of alienation tactics. In some circumstances, this alienation crosses a line into custodial interference where one parent violates current custody orders. In Arizona, this is considered a felony offense with possible jail time.

Source: “Parental Alienation.” Stewart Law Group, https://www.arizonalawgroup.com/child-custody/parental-alienation/

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

7 Ways To Lose Custody of Your Child: Moms and Dads
Written by Canterbury Law Group

7 Ways To Lose Custody of Your Child: Moms and Dads

Parents often wonder how a mother can lose custody of her child. The truth is mothers can lose custody in the same way as fathers.

It’s a common misconception that family courts favor mothers, when in fact, no state has laws favoring mothers in custody decisions. Many states actually have laws that prohibit family court judges from considering either parent’s gender.

Custody cases in all states are decided based on the child’s best interests.

Contrary to popular belief then, a mother — just like a father — can lose custody if the court decides that it’s best for the child.

Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.

Make My Schedule and Plan Now

It’s generally considered best for both parents to be involved in their child’s upbringing. When a parent loses custody, judges still typically order some limited parenting time for them, such as supervised visitation.

Family courts often set conditions to allow the restricted parent to eventually earn unrestricted or additional time with the child. For example, if a mother loses custody for drug abuse and has supervised visitation, the court may allow her to have unsupervised visits after completing addiction treatment and participating in drug testing.

How a mother or father can lose custody

In all states, the court’s primary concern is the child’s physical safety and caretaking needs. Family courts also ensure that children have stable homes and are secure with both parents.

If a mother or father poses a risk to their child’s safety or security, the other parent can ask the court to order sole physical custody to restrict the unsafe parent’s time with the child and sole legal custody to limit their role in making decisions about the child.

  1. Abusing or neglecting the child

If a parent physically abuses or neglects their child, courts typically award sole custody to the other parent.

Child abuse is defined as any non-accidental physical harm to a child caused by a parent or caregiver. It includes hitting, punching, whipping, burning, hair pulling, shoving, throwing, choking and any other action that causes physical injury. Physical discipline (e.g., spanking) is not considered abuse if it does not injure the child. (However, experts recommend non-physical discipline.)

Sexual abuse occurs when a parent or caregiver uses a child for sexual purposes or involves the child in sexual acts. It also occurs when an older or more powerful child uses a younger child for sexual acts. Parents who sexually abuse their child or knowingly put them at risk of sexual abuse typically lose custody and, often, parental rights.

Emotional abuse includes not offering affection, shaming the child, telling them they’re unwanted, yelling at them and keeping them isolated from others. Courts consider emotional and psychological abuse when determining custody, especially if a parent has mental health issues that negatively impact their parenting (e.g., if a parent is a narcissist).

Neglect is a form of abuse in which a parent fails to meet the child’s care needs. Physical neglect includes not caring for the child’s hygiene and not providing adequate shelter, food or clothing.

Leaving a child alone or with inadequate or dangerous caregivers is also considered neglect. Educational neglect occurs when a parent doesn’t enroll the child in school, allows them to miss a lot of school or ignores their special education needs. Medical neglect is failure to ensure the child receives necessary or recommended medical care.

  1. Using alcohol or drugs irresponsibly

If a parent’s alcohol or drug use impacts the child, or if a parent has untreated alcohol or drug addiction, courts will most likely restrict their parenting time to supervised visitation. Illegal drug use, even if the parent hasn’t been convicted of a drug crime, can also cause a parent to lose custody.

Additionally, many states have laws addressing child custody and convictions for driving under the influence (DUI). In Arizona, for example, the court can deny or restrict parenting time for a parent who has a DUI conviction within 12 months of the custody dispute.

If a parent who formerly abused alcohol or drugs has received treatment and is otherwise a safe parent, courts will most likely not restrict their custody, especially if they’ve been in recovery for a significant amount of time. The court may require drug testing or evidence of ongoing treatment.

How cannabis use impacts custody depends on the state’s laws and if the parent’s use affects the child. Like moderate and safe alcohol use, the court may not consider it a risk if the parent uses it legally, safely (e.g., no driving under the influence) and only when they’re not around the child.

However, if the parent uses cannabis illegally or endangers the child through their use, the court may limit their custody. It’s also important to remember that cannabis is still illegal under federal law, even in states that have legalized. Depending on the court and judge, even legal recreational use could be viewed as criminal activity that endangers the child.

  1. Abducting the child

Parent–child abduction — also called parental kidnapping and custodial interference — is a crime that occurs when a parent keeps the child from the other parent with the intent of interfering with that parent’s custodial rights.

When this happens, the parent who abducted the child often loses custody, especially if they took the child over state lines or to another country, or if they caused the child psychological or physical harm.

However, if the victim keeps the child away from the other parent in order to protect them self or the child from abuse, the court may not consider it a crime or hold it against them in custody decisions.

  1. Disobeying court orders

Custody orders — often issued in the form of a parenting plan and a parenting time schedule — are legal mandates that both parents must follow. Depending on the number and severity of the violations, disobeying court orders can result in loss of custody and even criminal charges.

For example, repeatedly being very late to drop off the child is not only disobeying court orders, it can be considered custodial interference or parental kidnapping, which are crimes.

Violations prevent effective co-parenting and can negatively impact the child, so courts take them seriously and often limit the custody of the violating parent.

Disobeying child support orders, however, is typically not grounds for losing custody. A parent who fails to pay child support may face civil or criminal charges, but courts do not take away their parenting time. Additionally, the other must still follow the court orders, including the parenting schedule.

  1. Interfering in the child’s relationship with the other parent

Family courts emphasize the importance of children having ongoing, healthy relationships with both parents. This is why joint custody is the most common arrangement. It’s also why a parent who tries to minimize the other parent’s role in the child’s life without a reasonable cause (e.g., protecting the child’s safety) may lose custody.

In addition to preventing the child from seeing the other parent, interfering with the child’s relationship with the other parent includes badmouthing them to or in front of the child, lying about them and discouraging the child from wanting to spend time with them.

Parental alienation is a severe form of interference in which a parent deliberately manipulates their child to turn against the other parent. There are currently no state laws that specifically address parental alienation, but many child custody experts consider it abuse. Family court judges often rule against the alienating parent and may order individual or family counseling.

  1. Lying to the court

Lying in court paperwork or to the judge can also impact custody. While lying to the court (perjury) is a crime, family courts rarely pursue charges against a parent for lying. Instead, judges consider the dishonesty evidence that the parent won’t support the child’s relationship with the other parent or co-parent effectively. In these situations, judges often rule in favor of the other parent.

In particular, courts do not look favorably on parents who lie about child abuse or domestic violence. Many states, including California, Florida and New York, have laws that empower judges to restrict custody for a parent who knowingly makes false abuse allegations.

  1. Generally putting the child at risk

Other behaviors and parenting issues that put the child’s physical and emotional well-being at risk can also cause a parent to lose custody.

Convictions for crimes or evidence of criminal activity, especially if the crimes are violent or if the victim was a child, typically cause a parent to lose custody.

When evaluating possible risks to children, courts also consider who lives in each parent’s home and who spends time around the child. For example, if a parent’s romantic partner has a criminal record or abuses drugs, judges often consider this a risk to the child and limit that parent’s custody.

Irresponsible parenting — e.g., having lax rules, encouraging reckless behavior, not monitoring media content — can also be used as evidence that a parent isn’t adequately caring for their child. If the irresponsible parent puts the child at significant physical, emotional or psychological risk, courts may limit their custody and order them to complete parenting classes.

Unemployment in and of itself will not cause a parent to lose custody. However, if a parent is unable to financially care for their child and issues of neglect arise, a judge may award custody to the more financially-stable parent. A parent who pays child support must still make payments if they lose their job, but they can ask the court to modify their child support order when they have an involuntary job loss.

Child Custody Evaluations

When the child’s safety is a concern, disputed cases typically include a custody evaluation, in which a court-ordered expert (often a mental health professional) evaluates parents’ ability to adequately care for their child.

The evaluator reviews the family’s records and interviews the parents. Often, they also interview the child and others who know the family. The evaluator writes a report for the judge that summarizes everything and makes custody recommendations. Judges don’t always order what the evaluator recommends, but they typically give the reports great weight.

Either parent can request an evaluation, and judges often order them of their own accord when they need more information. In many courts, custody evaluations are automatic if child abuse is alleged or suspected. Courts may also appoint a guardian ad litem to investigate the family and represent the child’s best interests in court.

Modifying orders

Either parent can ask the court to modify existing custody orders and request sole custody. If the child is in immediate physical danger, courts can issue an emergency order to protect them from the unsafe parent.

Remember that family courts don’t take what parents say at face value — they require proof (evidence) of every claim made in court paperwork and proceedings. In addition to reports from custody evaluators, common custody evidence includes photos, emails, text messages, social media posts, family calendars and official records (e.g., medical, school, criminal, child protective services).

Speak With Our Child Custody Attorneys In Scottsdale

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. We shall represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

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