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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.

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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/

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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 divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial 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]

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

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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).

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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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Child Custody Mediation: How It Works

Learn the basics of this dispute resolution tool for divorcing spouses and get pointers on approaching your own child custody mediation sessions.

Divorce is an inherently painful process that can be all the more challenging when children are involved. Fighting over child custody issues in court can intensify the pain for all those involved—not to mention the expense.

Fortunately, disagreeing couples can get help working toward solutions for their family somewhere other than court. Child custody mediation exists precisely so that parents who just can’t seem to agree don’t have to take on the financial and emotional costs of court battles.

What Is Child Custody Mediation?

Mediation is a method of “alternative dispute resolution” (ADR) that has become a mainstay in the world of divorce. When it comes to child custody, mediation is designed to help divorcing or unmarried parents reach an agreement on legal and physical custody of their children without the pain and expense of a traditional court contest.

In a mediation session, spouses meet with a trained mediator, usually in an informal setting (such as the mediator’s office), or sometimes online. Think of the mediator as a guide, navigating the couple through the maze of marital issues they disagree on. (Sometimes the spouses work with a mediator and otherwise handle the case themselves; other times, they each have an attorney who might help them prepare for mediation, provide coaching for the negotiation process, and prepare or review any resulting agreement.)

Unlike a judge or arbitrator, the mediator doesn’t make decisions on the disputed matters. Rather, mediators use their knowledge and skill to try to facilitate a compromise that both spouses can live with. In divorce cases, a successful mediation will normally lead to the preparation of a written settlement agreement.

Although many issues in a divorce can be contentious, child custody and parenting time are often the most emotionally charged and difficult for families to agree on.

Child Custody Overview

Child custody isn’t the all-or-nothing proposition it’s often thought to be—one parent gets the kids, the other doesn’t, end of story. It’s well established that children fare better when both parents are an integral part of their life, and that’s the goal the courts strive for in custody cases.

At its core, child custody includes two basic concepts: legal custody and physical custody. Legal custody relates to who will make the decisions regarding the important matters in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. Unless one parent is unqualified for some reason, courts prefer to have parents share legal custody.

Physical custody has to do with where a child will primarily reside. To a large degree, determining physical custody depends on where each parent lives, with the aim being to provide for an arrangement that best suits the child’s needs.

In all custody matters, doing what’s in the child’s best interest is the court’s guiding principle.

Child Custody Mediation Basics

Although many issues in a divorce can be contentious, child custody and parenting time are often the most emotionally charged and difficult for families to agree on. Child custody mediation is intended to help tone down the hostility, for the sake of both the parents and their children.

Court-Ordered vs. Private Child Custody Mediation

Child custody mediation can be either ordered by a court or private and voluntary. Court-ordered mediation is often free, low cost, or priced on a sliding scale based on the parents’ incomes. But even if a judge has ordered you to participate in custody mediation, you almost always have the option of choosing private mediation instead of the mediation program offered through the court.

If you can afford it, private mediation allows you to have more say in the process, and it tends to be more successful than court-ordered mediation (in part because of the time restrictions on most court-sponsored custody mediation). Because of that, private mediation might actually save you money because of the court costs and lawyers’ fees that come when there’s no agreement.

Child custody mediation is also typically more cost effective than going to court, because you’re paying one mediator to help you come to an agreement, rather than both of you paying hourly fees to separate attorneys. Also, you have a say in when the sessions will take place. That’s a luxury that is practically nonexistent in the court system.

Most states (and many counties) require courts to order parents to participate in mediation in any case that involves a custody dispute. So even when couples who can’t agree haven’t opted to pursue mediation before filing for divorce, they’ll usually have to attend mediation at some point. In light of this, it’s important to learn how to approach mediation.

How to Prepare for Child Custody Mediation

First and foremost, remember that custody in general, and mediation in particular, isn’t primarily about the parents. It’s about the children. You have to make a commitment to do whatever is best for them, and that starts with being prepared.

Here are some quick tips on getting ready for a mediation session:

Try to get plenty of sleep the night before. Mediation can be stressful, so be sure to take care of yourself. It’s much easier to stay calm and think clearly when you’re rested.

  • Resolve to keep an open mind. Remember, it’s not about getting everything you want. Your spouse may have a different perspective on what’s best for the children. Try to understand where your ex is coming from instead of immediately digging in. The mediator may also have suggestions for custody and parenting time that you haven’t thought of.
  • Sketch something out. Write out a proposal of what you believe would be a fair custody and parenting time arrangement. Sketching out a plan can help organize your thoughts and provide a starting point for discussion. Include a checklist so you don’t lose track of issues that are important to you. Remember to include things such as:
    • how to handle transitions, meaning picking up and dropping off the children when it’s time for them to be with the other parent
    • how to share the cost involved in travel if that’s a factor (such as when the parents live far away from each other)
    • how to divide holidays throughout the year (for example, whether the schedule will be the same each year or will alternate)
    • vacation sharing, for school breaks and summer
    • how to deal with minor changes to the agreed-upon schedules, like when a child or parent is sick
    • the best way for parents to communicate with each other (phone and/or email, for example), and
    • anything you feel could be a potential problem, such as a parent having substance abuse issues that need to be addressed.

Keep in mind that software programs and smartphone apps can help parents coordinate all aspects of custody and parenting time, including communications.

When Custody Mediation Might Not Be Appropriate

Custody mediation is generally not appropriate in cases involving ongoing domestic violence or emotional abuse. In many states that require mediation for custody disputes, you may get out of this requirement if you’re experiencing abuse or there’s a protective order in place. Other states, like California, won’t excuse you from participating in custody mediation, but you may request special procedures to protect your safety.

As long as you have the choice to participate in mediation (or not), you should be aware that custody mediation might not be the best option in some other circumstances, such as when

  • there’s a history of abuse in your relationship, or the other parent bullies or dominates you
  • you have such a high level of conflict in your relationship that cooperation and effective communication is basically impossible, or
  • the other parent has an untreated substance abuse disorder.

5 Tips for Your Child Custody Mediation Sessions

Even if both spouses come with the best intentions, mediation can hit rough patches. When that happens it’s important to take a breath and refocus your energy on what’s best for the children.

Here are some more tips to achieve a successful mediation:

  1. Don’t bring up marital issues unrelated to the children. Remember that this isn’t a general divorce mediation, so don’t muddy the waters by bringing up anything not specifically related to custody and parenting time. Reciting a laundry list of things you don’t like about the other parent is a prime example of what not to say in child custody mediation.
  2. Be thoughtful with your language. When you reference your children, talk about “our” kids, not “my” kids. It’s more inclusive and less confrontational. And try to couch your remarks in terms of what you as parents can jointly do to make the situation as positive and painless for your children as possible.
  3. Don’t let your emotions get the best of you. Expect that—despite everyone’s best efforts—there will be times when your discussion can become heated. Don’t use that as an excuse to unload on the other parent, which will only undo progress that’s been made up to that point. Mediators are adept at calming the waters, but if you feel your emotions are getting away from you, ask to take a short break.
  4. Don’t subject yourself to abuse. If you choose to mediate your custody dispute despite a history of physical or emotional abuse, you might consider online mediation, mediation with separate sessions for you and the other parent, or both (meaning that you’ll meet virtually with the mediator in separate “break-out” sessions). So-called “shuttle mediation” usually costs more—because it takes more of the mediator’s time—but it can help level the playing field by offsetting the imbalance of power that frequently exists in abusive relationships. A successful outcome is worth the additional cost, which is still likely to be considerably less than heading to court. Virtual or separate mediation sessions are also useful if the degree of hostility between you and the other parent is so high that you can’t be in the same room.
  5. Remember, you always have options. In the event mediation doesn’t work, you can still turn to the courts. Even in that case, your mediation sessions will probably have highlighted the issues you can’t agree on, which will show you what you need to focus on going forward.

Finding a Qualified Mediator

Mediation has become such a popular method of settling legal issues that there’s no shortage of qualified mediators. Your state court’s administration office may have a list of approved mediators. There are also mediation organizations that offer lists of mediators along with their training and experience.

When researching, be sure to pay particular attention to each mediator’s qualifications. You want one who’s taken mediation courses specifically geared to divorce cases, including custody and parenting time. Also, be aware that a child custody mediator doesn’t necessarily have to be a lawyer—many trained child custody mediators are licensed psychologists, marriage and family therapists, or social workers who have experience in child custody issues in their state.

Of course, firsthand knowledge and word-of-mouth referrals are always helpful. Recommendations from friends or family members who’ve been through custody mediation are often the best referrals you can find.

Source: https://www.divorcenet.com/resources/understanding-child-custody-mediation.html

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.

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Can a Custodial Parent Move a Child Out of State?

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Looking to learn about Arizona child custody laws? When parents divorce or separate, care for the child or children must continue. The court will decide a parenting plan concerning their welfare and health if the parents are unable to agree on a plan concerning the raising of the children. This frequently establishes which parent will have the role of primary caregiver and how much time they will spend with each of their parents.

In certain situations, relatives, unmarried parents or other persons who may or may not be directly related to the parents may petition the court for parenting time or custody. The court will always base their decision on the best interests of the child or children involved.

Learn how a parent’s move can affect custody and visitation, when custodial parents need permission before taking the child to another location, and how judges decide whether to allow a planned move when the parents can’t agree.

Court-ordered custody arrangements can work well for years, especially when both parents live close to each other. But what happens when a parent wants to move with the child to another state, another area in the same state, or even another country? These “move-away” cases are among the most difficult types of custody disputes, because they often involve a conflict between the custodial parent’s right to move freely and the right of both the other parent and the child to maintain their relationship.

Overview of Child Custody Orders

In order to understand the issues involved in move-away cases, it’s important to know some of the basics of child custody laws. When parents decide to divorce, they will need to make legal custody arrangements that meet their children’s best interests. Parents who were never married but are separating (or never lived together) may also seek custody orders.

Child custody arrangements include both legal and physical custody. In most states, it’s the default preference for parents to share joint legal custody—meaning they make the important decisions together about their child’s health, education, and welfare. Physical custody usually refers to where the child lives most of the time. But it’s also becoming more common for parents to share joint physical custody, so they can both spend a significant amount of time with their child.

If parents can’t agree on custody (often called a “parenting plan”), a judge will have to make these decisions for them. Whether the custody arrangements result from the parents’ agreement or a judge’s decision, the court will issue legal custody order that spells out exactly how the parents will divide custody rights and responsibilities.

Who Is the Primary Custodial Parent?

Even when parents share joint physical custody, one parent is typically designated as the primary custodial parent. In a typical joint custody situation, for example, the child lives with the primary custodial parent on school weeknights but spends weekends, some holidays, and at least part of school vacations with the other parent (who might be called the “noncustodial parent” even when that parent shares physical custody).

Changes to Joint Custody Orders When a Parent Moves

Parents may ask a judge to make changes in existing custody orders, but they usually must show that there has been a substantial change of circumstances to justify the modification. As with all custody-related decisions, the judge will decide whether the modification would be in the child’s best interests. The parents may agree with each other about new custody arrangements, but a judge must approve their agreement to make it part of a new order.

When the primary custodial parent plans to move with the child, the other parent may request a custody modification—for instance, to seek primary physical custody or to ask for a change in the visitation schedule. And sometimes, parents who don’t have primary custody—but share joint custody—might request a change in the existing parenting plan based on their own planned relocation (more below on that issue). The judge may consider the relocation as a substantial change of circumstances, especially if it will significantly affect one parent’s ability to maintain a meaningful relationship with the child (more below on what goes into the judge’s decisions in move-away cases).

When Custodial Parents Need Permission to Move With a Child

In many situations, custodial parents must get permission—from the other parent or a judge—before they are allowed to move with a child out of the state or a certain distance away from their current residence. Sometimes, these restrictions are in state law. Other times, they’re in the custody orders (typically part of a final divorce decree) or in temporary restraining orders issued during a divorce proceeding.

State Laws Restricting Relocations With Children

Some states have laws that require parents to give advance notice and get permission from the other parent or a judge before moving a child. Some of these laws apply only to moves out of state, while others also apply to moves of a certain distance within the state. For example:

  • In Minnesota, whenever the noncustodial parent has parenting time under the custody order, the custodial parent may not move the child’s residence to another state without a court order or the other parent’s consent. (Minn. Stat. § 518.175 (2022).)
  • In Nevada, parents with primary physical custody must get permission from the other parent or the court before relocating with the child outside of Nevada or somewhere in the state that’s far enough away to “substantially impair the ability of the other parent to maintain a meaningful relationship with the child.” (Nev. Rev. Stat. § 125C.006 (2022).)
  • In Florida, whenever parents want to move with their children at least 50 miles from their principal residence, they must get written consent from the other parent (or anyone entitled to time-sharing with the child). Without that consent, parents must file a court proceeding to seek permission from a judge. (Fla. Stat. § 61.13001 (2022).)
  • In Arizona, whenever parents have joint legal custody or shared parenting time, and both of them live in the state, a parent who wants to relocate the child—whether out of state or more than 100 miles within Arizona—must give the other parent at least 45 days’ advance notice. The nonmoving parent may then file a petition with the court to prevent the move. (Ariz. Rev. Stat. § 25-408 (2022).)

These state laws generally spell out the factors judges must consider when deciding whether to allow the relocation (more on that below).

Relocation Restrictions in Custody Orders or Agreements

Even in states where the laws don’t explicitly require permission before moving with a child, judges in some states may include similar restrictions in divorce judgments or custody orders.

Typically, when parents have signed a divorce settlement agreement—which includes their agreements on custody and coparenting arrangements—the agreement is made part of their divorce judgment. But when the agreement includes provisions on what will happen if the noncustodial parent moves with the child, those provisions won’t necessarily control the outcome of future legal proceedings if they violate state law—for instance, if the agreement calls for an automatic change in custody without requiring a judge to determine that the modification would be in the child’s best interests.

Temporary Restraining Orders During Divorce Proceedings

After you’ve filed for divorce, it’s common for the court to issue “temporary restraining orders” (TROs) that are meant to maintain the status quo in terms of both parents’ access to your child or children. Typically, these TROs prohibit either spouse from taking a child out of the state without the other parent’s permission.

Often, one or both of the spouses will request TROs. But in some states, standard TROs take effect automatically as soon as a spouse files divorce papers. In California, for example, one of the initial divorce forms (the summons) must include an automatic temporary restraining order (ATRO) that prohibits either spouse from removing their child out of the state—or even applying for a passport for the child—without the other parent’s advance, written consent or a court order. (Cal. Fam. Code § 2040 (2022).)

Parents could face serious consequences if they move a child in violation of a law or court order.

What If Custodial Parents Move a Child Without Getting Necessary Permission?

Parents could face serious consequences if they move a child in violation of a law or court order, including:

  • contempt orders, which could result in fines, jail time, or both
  • losing primary physical custody if the other parent requests a custody modification based on the move, or
  • criminal charges, such as for parental child abduction or kidnapping.

If you plan to move—or even travel—with your child, make sure you know whether you’ll need permission. Check your custody order (which may be part of the divorce judgment) for details about any requirements. And if your divorce case is still ongoing, make sure you carefully read all of the paperwork to see if it includes restrictions on moving or traveling with your child.

Criminal Charges for a Custodial Parent Who Took Her Child Out of State Without Permission

In an extraordinary relocation case, a California mother was charged with parental child abduction and kidnapping after she took her daughter with her to visit family in the Philippines while her divorce was ongoing. Her defense lawyer, Stacy Barrett (who’s now a Nolo editor), explained that the mother had temporary legal and physical custody while her divorce was ongoing. The father had only supervised visits with the girl after credible allegations that he’d been touching her inappropriately. But under the ATROs issued in all California divorces, neither parent was supposed to leave the state without court permission.

While the mother was gone, the father went to court and got permanent legal and physical custody of his daughter. The mother was arrested as soon as she returned to the U.S. Although the jury ultimately acquitted the mother, Barrett believes the case might have easily gone the other way. “My client could’ve been sentenced to 13 years in prison.”

Can Parents Agree to a Planned Relocation With Children?

If the noncustodial parent consents to a custodial parent’s move, both parents may also agree on a new custody arrangement that considers the new location and provides the noncustodial parent enough of time with the child. They’ll both need sign a written agreement (sometimes known as a stipulation).

Even when the parents agree to a custody modification, however, they’ll need to get a judge’s approval. If the agreement is in the child’s best interests, the judge will approve it and make it part of a new court order.

When parents can’t agree, they may hire a coparenting counselor or custody mediator to help them find a solution that works for both of them and the child. But if that doesn’t work, and state law or the existing custody order requires a judge’s permission for the planned moved, the moving parent will have to go to court and file legal paperwork (a “petition” or “motion”) asking the judge to grant the request to relocate.

How Do Judges Decide Whether to Allow a Custodial Parent to Relocate?

As with all custody disputes, judges must follow state law when deciding whether to allow a custodial parent to move with the children, or whether to grant the nonmoving parent’s request to modify the existing custody order. State laws on relocations and child custody vary a lot, so the exact circumstances that the judge must consider will depend on where you were divorced (or where your previous custody order was issued).

Generally speaking, judges will weigh the potential benefits and disadvantages of the move in terms of the child’s best interests. For example, a planned move might increase a child’s overall quality of life as a result of:

  • the custodial parent’s increased earnings from a new job or educational opportunity in the new location
  • closer proximity to the custodial parent’s extended family, who can help with child-care and support, or
  • the custodial parent’s new marriage, which could provide the child with the benefits of a two-parent family.

On the other side of the equation, the judge will consider possible negative effects of the planned move on the child’s well-being—especially reduced contact with the noncustodial parent.

Different states place more or less weight on the custodial parent’s right to move with a child. In some states, the law presumes that a custodial parent has the right to change a child’s residence unless the other parent provides evidence to convince a judge that the move would harm the child’s welfare. In other states, the parent who wants to move must prove that it would be in the child’s best interests. And still other states don’t tip the scales for or against the moving parent.

State laws also list specific factors that judges must consider when they’re deciding whether to allow a parent to move with a child or whether to grant the other parent’s request to change custody because of the move. Typically, these factors include:

  • the effect of the move on the child’s ability to continue to maintain a close, meaningful relationship with the other parent despite the distance, including whether the parents have the resources to afford long-distance visitation
  • whether the custodial parent has a good reason for needing to relocate or is simply trying to frustrate the other parent’s ability to have parenting time with the child
  • the noncustodial parent’s reasons for resisting the move—for instance, whether they’re genuinely concerned about the potential harm to the parent-child relationship or are simply hoping to get a reduction in child support
  • the child’s need for stability in other relationships, such as at school, with friends, and in religious groups, and
  • the child’s preference in the custody dispute, as long as the child is mature enough to have a reasonable opinion about the move.

If an alternating weekend or frequent visitation schedule is impossible after either parent’s move, judges will typically award the noncustodial parent extended school break, holiday, and summer vacation visits.

What Happens When a Noncustodial Parent Wants to Move?

Noncustodial parents usually don’t need to get approval for a move from the court or the child’s other parent unless they wish to relocate with the child.

But does a noncustodial parent give up visitation rights after relocating? In most cases, no. If it’s feasible to continue the current custody and visitation arrangements after the move, both parents will need to abide by the orders. However, the court doesn’t expect a custodial parent or a child to follow a custody order that no longer benefits the child or that burdens the family.

For example, suppose your custody order allows you parenting time (visitation) with your child every other weekend. If you relocate 45 minutes away, you can probably continue with that arrangement because it wouldn’t be disruptive or harmful to your child. However, if your planned relocation will be far enough away that it would be impossible or very difficult (or expensive) to continue the current arrangements for parenting time, you must act before moving or risk losing time with your child.

If you’re a noncustodial parent who’s planning to relocate, you should first speak with the custodial parent and try to work out a new, mutually beneficial arrangement for parenting time. Once you agree, you may submit your written agreement to the court for approval. As long as the agreement benefits the child’s best interest, the judge will generally approve it.

If the custodial parent won’t agree to change the current custody and visitation order, you’ll need to file a motion with the court to change the order. Ahead of the court hearing, you should prepare a detailed visitation schedule that addresses how you and the other parent will handle transportation expenses and remote communication (like regular video calls). The judge will evaluate the case, including the reasons for relocation, and create a new visitation agreement if that would serve the child’s best interests.

If an alternating weekend or frequent visitation schedule is impossible after either parent’s move, judges will typically award the noncustodial parent extended school break, holiday, and summer vacation visits.

Parents must understand that, until they agree (in writing) to a new arrangement or the court changes its orders, they must both comply with existing orders.

Can You Move Your Child Out of State When There’s No Custody Agreement or Order?

What if you don’t have an existing custody order (including a temporary order during a divorce)? Can you move with your child? And if your kid’s other parent wants to relocate with the child, can you do anything about it? The answers to those questions depend on the circumstances.

You’re generally free to move with your child if you aren’t married to the other parent, the child has been living with you, and neither parent has filed a custody proceeding. However, keep in mind that both parents (whether married or not) have parental rights over their children, with or without a court order. For example, that means if you’re a single mother and you move with your child, the father could file a legal proceeding to establish parentage (paternity) and seek custody or visitation—especially if he’s been seeing the child regularly and wants to keep that up.

You should also be aware of potential legal problems when you take or keep a child out of the country without the other parent’s consent. If your child has been living in the U.S., and you take the child to another country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the other parent may file a legal proceeding to get the child back. These “Hague Convention” cases often arise when marriages are in trouble and one parent takes the kids to stay with family in another country (or keeps them there beyond the time of a planned visit) while contemplating divorce. Learn more about international child custody and abduction laws.

Should I Hire an Attorney for a Move-Away Dispute?

If you and your child’s other parent can’t agree about a relocation on your own or in mediation, you’ll almost certainly need to hire an experienced family law attorney to help you through the legal process. Move-away cases are one of the most challenging and complex custody disputes. With so much at stake, you should get help from a professional who can represent your interests and protect your rights.

Source

https://www.divorcenet.com/states/nationwide/custodial_parent_removing_child

Speak With Our Child Custody Attorneys In Scottsdale

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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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Differences Between Legal and Physical Child Custody

When you’re splitting up with your child’s other parent, you’ll need to address the issue of child custody, either as part of a divorce or in a separate custody proceeding. Whether you’re preparing for a custody case or hope to reach a parenting agreement, you should become familiar the basic principles of child custody.

The first thing to understand is that there are two elements to child custody: legal custody and physical custody. It’s not unusual for legal and physical custody to be set up differently. For example, parents might have joint legal custody but not joint physical custody. But with both legal and physical custody, judges base their decisions primarily on what would be in the best interests of the child, not necessarily what the parents want.

What Does Legal Custody Mean?

Legal custody refers to parents’ authority to make the important decisions about their children’s lives, such as:

  • medical and other health care, including the choice of doctors and whether the kids will get vaccinations or go to therapy
  • schooling and other educational resources like tutoring and special education
  • religious activities and instruction, and
  • whether they’ll take part in extracurricular activities like team sports, school band, or music lessons.

A few states use different terms for legal custody, such as decision-making or parental responsibility (in Colorado and Florida) or managing conservatorship (in Texas).

Joint or Shared Legal Custody

Most married parents make important decisions about their children together. And when they divorce or separate, judges usually prefer to keep this arrangement—generally called joint or shared legal custody. That preference is based on the longstanding recognition by courts that fit parents have a fundamental right to decide how their children are raised.

But even when both parents have the legal decision-making authority for their children, one of them—typically the primary residential (or custodial) parent—will often make routine decisions like scheduling doctor’s appointments or authorizing emergency medical treatment. Just as when they are still living together, it’s up to divorced parents to work out the practicalities of how to handle these decisions.

The best way to do that is to put it in writing ahead of time (whether in a separate custody agreement or as part of a complete divorce settlement agreement). For example, you may agree that you’ll follow the advice of your child’s pediatrician if there’s a dispute about vaccines, medication, or authorizing a medical procedure.

When Do Judges Award Sole Legal Custody?

Despite the built-in preference for giving both parents a say in how their children are raised, judges may grant sole legal custody to one parent when that would be best for the children, such as when the other parent:

  • has a history of domestic abuse (toward either a child or the other parent) or child neglect
  • has serious mental illness or a substance abuse problem that hinders the ability to make good decisions, or
  • isn’t involved in the child’s daily life.

Judges might also order sole legal custody in high-conflict cases where it’s clear that the parents won’t be able to agree.

Some judges may order joint legal custody while designating one parent as the tie-breaker in any disagreements. This isn’t that different from sole legal custody, but it does encourage both parents to be involved in the decision-making process.

Joint legal custody can sometimes turn into a constant battleground, with the parents going to back court to try to resolve disagreements. If this keeps happening—especially if one parent makes decisions about a child’s life over the other parent’s objections—the judge might modify custody by changing the existing arrangement to sole legal custody.

Physical Custody

Physical custody refers to where the children live most of the time. As with legal custody, some states have different names for physical custody, such as parenting time or time sharing.

Sole Physical Custody With Visitation

With sole physical custody, the children live with one parent while the other parent has visitation time. This traditional arrangement isn’t as common as it used to be. But it still might be the best solution for the children in certain situations, especially when:

  • the parents live far enough apart that it would be difficult for the kids to go back and forth frequently, or
  • one parent isn’t able to provide proper care for the kids because of housing instability, mental health issues, or substance abuse.

Even when one parent has sole physical custody, judges will usually try to make sure that the other parent can have frequent and continuing contact with the children—a goal that is explicit public policy in some states. For instance, noncustodial parents who live far away from the custodial parent might have the children during summer vacations and other long school breaks.

Joint or Shared Physical Custody

With shared physical custody or parenting time, children split their time between their parents. This way, they can have two engaged and involved parents, with two real homes.

Some states require judges to start out with by presuming that joint physical custody is better for the children. Then, any parent who disagrees must provide convincing evidence that shared custody wouldn’t be good for the kids.

Joint physical custody doesn’t always mean an exact 50-50 split. For instance, it often works best for the children to spend school nights with one parent (often called the primary residential parent) and weekends with the other parent. Of course, this kind of arrangement isn’t very feasible if the parents live far apart.

Shared Parenting Plans

Shared parenting plans usually involve detailed schedules, including provisions for issues like:

  • when, where, and how parents will pick up and drop off the kids
  • how the parents will communicate and deal with unforeseen changes to the schedule, and
  • where the children will spend birthdays, holidays, and other school vacations.

In most cases, parents work out their own parenting plan—either on their own or with the help of custody mediation, their lawyers, or both. In fact, many states and courts require parents to participate in mediation of any legal custody dispute. Once the parents have agreed on a plan, they’ll submit it to the court. Judges usually approve these agreements as long as they appear to be in the children’s best interests.

When Parents Can’t Agree on a Parenting Plan

If parents aren’t able to reach an agreement about physical or legal custody of their children, each of them will typically submit a proposed parenting plan to the court. A judge will then review those plans along with all the other evidence—which might include a report from a custody evaluation—before deciding on a custody arrangement that will be best for the children.

If you find yourself in this situation, you should speak with a family law attorney who can help you gather and present the kind of evidence you need to win your custody case.Source

https://www.divorcenet.com/resources/divorce/divorce-and-children/legal-and-physical-custody-children

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.

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Custodial Parent Moving Out of State
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Preference for the ‘Primary Caregiver’

Physical custody of a child may be requested and granted to parents who are divorcing. In a perfect world, the parents would resolve their differences out of court. However, disputes over child custody and divorce are frequently complicated. They can be challenging for the pair to resolve independently. The duty of determining the best custody arrangement for the child may fall to the court.

When deciding how to manage child custody in a divorce, the court must take a number of considerations into account. Courts are becoming less inclined to support the child’s “primary caregiver.” Instead, they prioritize the “best interests of the child.” This norm frequently promotes an equal level of parental involvement in the child’s life. Some states, like Kentucky, have even enacted legislation that codifies the 50/50 custody arrangement.

This article provides a summary of the criteria the court considers when deciding on a child custody arrangement.

‘Child’s Best Interest’ Standard

Most governments prioritize the “best interests of the child” in custody disputes. This standard takes a holistic approach to the child in order to safeguard their general well-being. The majority of states now hold the opinion that it is best for both parents to play a significant role in their children’s lives. The court does not automatically favor one parent over the other when using this criteria. However, the court may decide that one parent will have less than 50/50 custody if that parent engages in destructive activities that injure the kid.

What is in the child’s best interests will be determined by the court after considering a number of various considerations. To determine custody and issue a custody order, the court will take into account the following factors:

  • Age of the child and the desires or preferences of the child (if they are old enough)
    Relationship of either parent to the child
    The state of mind and body of the parents
    The child’s and parents’ preferred religion
    Maintaining a stable home environment is necessary.
    Assistance and chances for interaction with either parent’s extended family
    Relationships and interactions with other family members
    Adaptation to the community and school
    Too strict punishment from parents, emotional abuse, or domestic violence
    Evidence of drug, alcohol, or sexual abuse by your parents

The family court judge may grant single custody to one parent if the court decides that shared custody is not the best option for the child. This parent will likely be given primary physical custody of the child and may be deemed by the court to be the child’s primary caregiver. Additionally, they may be granted legal possession of the child. In order to provide for the kid financially, the judge may require the noncustodial parent to pay child support.

The ‘Primary Caregiver’ Doctrine:

The “primary caregiver” notion is becoming less prevalent in court decisions. According to this idea, judges would favor the parent who took care of the children the most of the time. The following are some of the criteria used to identify the primary caregiver:

  • Grooming, dressing, and bathing
    Organizing and making meals
    Obligations for laundry and clothing purchases
    Health care policies
    Encouraging involvement in extracurricular activities
    Teaching reading, writing, and math concepts and providing homework assistance
    conversing with educators and going to open houses
    Together with the youngster, plan and partake in leisure activities.
    The court may take these things into account. But today’s courts place more weight on other considerations (including what is in the best interests of the child). View a list of state custody summaries to find out how your state handles child custody.

In fact, since contemporary families embrace shared parenting, courts all over America have shifted toward equal 50/50 parenting. More and more courts are coming to the conclusion that giving the kids time with both parents is in their best interests.

Protect Your Child’s Interests With the Assistance of an Attorney

The custody of the child is one area where there is frequently disagreement, even in amicable separations. In order to decide who gets custody, the court will consider a number of issues. The court is, however, ceasing to take the primary caregiver into consideration. The best interests of the kid are instead the focus of the court.

You can get assistance from a skilled family law attorney in your child custody dispute. They can help you by providing insightful legal counsel and taking child custody laws into consideration. If you are a noncustodial parent, they can aid in advocating for your parenting time or visitation rights. Additionally, they can aid in your representation in custody disputes before the family court.

Speak to a family law professional about your custody dispute right away. Many law firms provide free initial consultations.

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Sole Custody

When a divorce involves children, Canterbury Law Group fights to protect their future and well-being both emotionally and financially.

Our Scottsdale divorce lawyers work diligently to ensure your children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans. Our primary focus is to reduce the possible future damage divorce can have on children and relationships.

We often see parents who hope to win sole child custody and “take the kids”. However, it is important to realize that the court’s priority is the best interests of the child, which frequently mandates a ruling of joint custody. Many parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Any parent hoping to be awarded sole custody should realize that there is a higher burden of proof for the parent seeking sole custody. You will have to literally prove in a court of law that the other parent is an unfit parent based on substance abuse, criminal history or acts of domestic violence.

To award sole custody, the courts have to establish one parent as the “better parent,” which can be difficult to do, particularly if both parents have been involved up until this point. In addition, most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child. As a result, any parent seeking sole custody has to prove that he or she is best able to care for a child, with or without the assistance of the other parent.

In addition, from a judge’s standpoint, parents should not be trashing one another during a child custody hearing. Instead, the parent seeking sole custody should focus on proving that he or she is the better parent without attacking his or her counterpart. When seeking sole custody, one should focus on the physical and psychological well-being of the child. Physical well-being includes your child’s routine, sleeping habits, eating schedule and activities. Judges tend to notice parents who encourage a healthy lifestyle. The factors of psychological well-being may include making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child’s the ongoing relationship with the other parent. Whether hoping for sole custody or joint custody, the legal team at Canterbury Law Group in Scottsdale can effectively represent you. Contact us today to schedule your initial consultation.

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Joint Custody

When parents divorce or separate, they come across new legal jargon like “joint custody.” But what does that actually mean in a legal and practical sense?

In contrast to solo custody, where one parent has sole legal custody of their kid, joint custody involves both parents sharing these rights.

Depending on which parent has the child’s legal custody, either joint custody or solo custody may apply. Parents who share custody have equal say over important life choices for their children. Parents do not share these rights in single custody cases.

Joint custody arrangements and legal custody

It is crucial to mention legal custody in any conversation about child custody agreements. When a parent has legal custody, they are able to make important choices that will effect their child’s future. Major choices are frequently made in relation to extracurricular activities, health care, extracurricular schools, and religious instruction. However, other facets of your child’s life might also be considered to be such. When trying to ascertain the areas of your child’s life over which you possess decision-making authority in a joint custody arrangement, it is crucial to verify with your attorney regarding what technically qualifies as “major.”

Parents who share custody have an equal say in such important choices. You risk being found in contempt of court if you try to stop the other parent from taking part in this decision-making. Any custody agreement is joint only if there is an equal division of the legal authority to make such significant choices.

Every state has its own laws on the matter, and joint custody can take many different forms.

Official Language for Spending Time with Children

In the majority of states, time spent with your child when you share custody of them is formally known as “timesharing,” “parenting time,” or “visitation.” While many may refer to such a situation as having “joint physical custody,” the term is not legally recognized to describe features of visitation in custody situations where joint legal responsibility for important life decisions is allocated.

One Standard Arrangement for Custody
One popular form of joint custody is one in which both parents are entitled to an equal amount of time with their child while also sharing the responsibility for all significant life decisions for that child. In these arrangements, the child will live with each parent for a certain amount of time, and the parents will work together to make choices regarding the child’s welfare and upbringing in a manner akin to when they were married (legal custody).

Example: Mother and Father agree to jointly decide on all significant matters pertaining to the welfare and upbringing of the child (legal custody) and set up a timetable where the child spends one week at a time with each parent.

Additional Types of Joint Custody

There are further joint custody situations that parents can come upon. One involves equal physical contact with the child but unequal legal custody. This could imply that the child will only live with one parent while both parents agree to work together to make parenting decisions.

Example: Mother and Father agree to jointly resolve all significant matters pertaining to the welfare and raising of the child (legal custody), however the child will reside with Mother, with the Father being granted visitation rights. A parent who has visitation rights is allowed to spend a specific amount of time with their child.

There are several forms of joint custody. For instance, even though the child spends time with both parents on a rotating basis, one parent can be given the entire authority to decide on the child’s educational options.

Get Legal Assistance from a Professional in Your Child Custody Dispute

It can be advantageous to have a knowledgeable attorney defending and guiding you in a custody dispute. Whether you want shared custody or some other arrangement, a child custody lawyer can help you get the best outcome for you and your child. Get a jump start right now by getting in touch with a local child custody lawyer.

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What Is Custodial Interference?

What Is Custodial Interference

What does Custodial Interference mean? In simple terms, when one parent attempts to create disruption to the custody rights of the other parent of the child or children, this is known as custodial interference.

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Often a highly contentious issue, when custody orders are interfered with it can lead in some cases to consequences of a criminal nature. However, there are a very few situations where it may be legally permissible to temporarily interfere with the custodial rights of the other parent. The following are important facts you should be aware of regarding custodial interference and what can be done regarding it.

Types Of Custodial Interference

There are many ways custodial interference can happen. Here are some examples:

  • Making a visitation upon the child or children while the other parent is supposed to have custody of the child or children.
  • When the other parent has a planned and a scheduled visit, the refusal to release the child or children to the other parent.
  • Limiting the telephone or online contact the child or children has with the other parent.
  • Not returning the child or children on time for a planned exchange.
  • Using enticements to turn the child or children against the other parent.

However, in certain situations, custodial interference is not a violation of the law. For example:

  • When you are protecting a child or children from danger.
  • When previously made agreements disrupt custodial arrangements.
  • When outside events prevent a parent making a timely transfer of the child or children (bad weather being one example.)

What Can Be Done?

A parent can report to law enforcement and the courts any examples of custodial interference. Courts will often try to remedy the ongoing situation. Here are a few ways they try to achieve this:

  • Instituting revised and specific orders for visitation.
  • Instituting make up time for visitation purposes.
  • Family mediation or therapy.

Depending on the situation more severe intervention may be required – a parent may request greater relief. Examples include:

  • Third parties being present at supervised visits.
  • A neutral location being designated for the transfer of the child or children.
  • Reductions or loss of custody or visitation.
  • Fees and fines.

Many states consider custodial interference to be a felony or misdemeanor crime.

Source: “What Is Custodial Interference?” Findlaw, https://blogs.findlaw.com/law_and_life/2013/08/what-is-custodial-interference.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

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 guardianship, child relocation, fathers rights, grandparents 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 rigorously represent you, 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.

Child Custody, Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale Divorce
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Custodial Interference By Grandparents

Custodial Interference By Grandparents

Child custody describes the legal relationships and status regarding a child or children and their legal guardians and/or parents. An individual with the custody of a child or children by default has all the responsibilities and rights of raising the child or children. This includes caring for the child or children and making choices and legal decisions for the child or children. The custody of a child or children can be granted by a court to anyone, meaning, a legal guardian can be the child or children’s, adoptive parents, biological parents, cousins, grandparents, siblings that are of legal age as well as friends, uncles and aunts. Read on to learn more.

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In most custody cases for a child or children, grandparents are often not given consideration, when it comes to visitation and securing custodial rights. Even when the grandparents have been separated from the child or children from their parents because of causes like divorce, death or the breakdown of communication between a child or children and their parent or parents.

Primary Arguments For The Rights Of Grandparents

  • The child or children can suffer from trauma when they no longer have contact with the grandparents.
  • Divorce or the incarceration of a child or children or if a child or children should die does not give the parent who has custody the right to sever the relationship the children or child has with their grandparents.
  • Grandparents offer a stable role in the life of a grandchild or grandchildren. This is especially the case for a child or children following a death or a divorce.

Primary Arguments Against The Rights Of Grandparents

  • As long as the parents are competent, the state generally has no right to interfere in the decisions of how those parents raise their child or children – meaning a parent has the right to exclude a visit from a grandparent, even when supervised.
  • There can be good reasons to exclude a grandparent or grandparents. For example, if they have a history of child abuse or interfere with the process of the conventional decisions competent parents make on behalf of their child or children. Also, some grandparents will bad mouth the parents of the child or children in front of them.
  • Grandparents and parents often have conflicts but even when parents are being irrational or unfair, interference from a court can make the home of the child or children less stable than before.

Currently, a grandparent visitation law does not exist nor is it protected in any shape or form in common law or the constitution of the United States of America. In the last 40 years, any statutes or laws on the books regarding the rights of a grandparent of a child or children are not similar from state to state. It is true all 50 states have visitation laws for a child or children as well as who may be permitted to have visitation with them after a case of child custody has been determined. These laws can consider, stepparents, parents and grandparents.

Approximately forty percent of US states only allow grandparents of the child or children to have rights of visitation and not any other person. The consequences of this are cousins; foster parents, stepparents or other relatives cannot be granted rights of visitation. However, in all of the fifty states, Grandparents are able to file a lawsuit in court in situations when they have been told they are denied the right to visit or see their grandchild or grandchildren when there is apparently no reason for them not to be allowed access to the grandchild or grandchildren.

Grandparents Rights In Arizona

In Arizona, the custodial rights of Grandparents are defined by statute A.R.S. § 25-409. Therefore, Grandparents maintain the right to be involved in the lives of their grandchild or grandchildren and if needed, to seek safe protection for them, on their behalf. Grandparents can seek legal assistance when the relationship between a grandchild or grandchildren has become broken in cases where the grandchild or grandchildren may be in risk or danger. These rights can help Grandparents retain involvement in the lives of their grandchild or grandchildren as well as protect their own rights as Grandparents. Some examples of where legal advice may be required include:

  • Parents refuse Grandparents involvement or even access to their grandchild or grandchildren.
  • Adoption, permanent custody or guardianship of a grandchild or grandchildren.
  • In cases of parental abuse of a grandchild or grandchildren.

Furthermore, Grandparents are realizing they have rights and can exercise them, examples include:

  • The filing of court petitions with the purpose of requesting continued visitation and access to their grandchild or grandchildren.
  • The filing of child custody petitions with the purpose of care of a grandchild or grandchildren.
  • The filing adoption petitions with the purpose of care for a grandchild or grandchildren.

Grandparents often seek legal advice on their visitation rights regarding a grandchild or grandchildren. There are legal requirements that must be gone through and met including the fact Grandparents must provide evidence their contact with a grandchild or grandchildren is in the child’s best interests. Some factors that are taken into consideration include:

  • The historical bond the Grandparent has with the grandchild or grandchildren.
  • A parental divorce of at least a minimum of three months.
  • A parental absence of at least a minimum of three months.
  • When a child or children are born out of wedlock.

Custodial requests by Grandparents are considerably more complex as a vital key to success will be providing convincing evidence the parents are unfit.  Grandparents seeking such relief will very likely need competent legal assistance to advance their case.

Source: Phoenixdivorceattorney. “Grandparent’s Rights in Arizona (Ultimate Guide for 2019).” Cantor Law Group, https://cantorlawgroup.com/grandparents-rights-in-arizona.

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

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 guardianship, child relocation, fathers rights, grandparents 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 rigorously represent you, 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.

Child Custody, Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale Divorce
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