Child Custody Archives - Page 3 of 7

Regular Post

Written by Canterbury Law Group

1 February 2024

Defining Joint Legal Custody

Joint legal custody refers to a custody arrangement in which both parents share the legal rights and responsibilities regarding major decisions affecting their child’s life, even though the child may primarily reside with one parent. Here’s what joint legal custody typically entails:

(480) 744-7711

INITIAL CONSULTATION

Decision-Making Authority: Parents with joint legal custody have an equal say in important decisions regarding their child’s upbringing, including matters related to education, healthcare, religious upbringing, and extracurricular activities. Both parents have the right to participate in making these decisions and must consult with each other before reaching a consensus.
Communication and Cooperation: Effective communication and cooperation between parents are essential for successful joint legal custody. Parents must be willing to discuss and collaborate on important decisions, consider each other’s perspectives, and prioritize the best interests of their child.
Parenting Plan or Agreement: Joint legal custody is typically established through a parenting plan or agreement, either voluntarily by the parents or by court order. This plan outlines the terms and conditions of joint legal custody, including how major decisions will be made, how disputes will be resolved, and the communication methods between parents.
Residential Arrangement: In most cases of joint legal custody, the child resides primarily with one parent (the custodial parent) while spending scheduled time with the other parent (the non-custodial parent). However, both parents retain equal decision-making authority, regardless of the child’s primary residence.
Equal Rights and Responsibilities: Parents with joint legal custody have equal rights and responsibilities concerning their child’s welfare and upbringing. This includes the right to access information about the child’s education, healthcare, and other important aspects of their life, as well as the responsibility to contribute to the child’s financial support and overall well-being.
Dispute Resolution: In situations where parents cannot agree on a major decision, the parenting plan or court order may specify a dispute resolution process, such as mediation or arbitration, to help parents reach a resolution. If necessary, the court may intervene to make a decision in the child’s best interests.

Joint legal custody allows both parents to remain actively involved in their child’s life and ensures that major decisions are made collaboratively, taking into account the child’s best interests. While joint legal custody requires parents to work together effectively, it can provide stability and continuity for the child by maintaining meaningful relationships with both parents.

What Are The Basics of Joint Legal Custody?

Joint legal custody is a custody arrangement in which both parents share the legal rights and responsibilities regarding major decisions affecting their child’s life, even if the child primarily resides with one parent. Here are the basics of joint legal custody:

Shared Decision-Making: Parents with joint legal custody have an equal say in important decisions concerning their child’s upbringing, including matters related to education, healthcare, religious upbringing, and extracurricular activities. Both parents must collaborate and consult with each other before making significant decisions.
Legal Rights and Responsibilities: Joint legal custody grants both parents equal legal rights and responsibilities regarding their child. This includes the right to access information about the child’s education, healthcare, and other important aspects of their life, as well as the responsibility to participate in decision-making and contribute to the child’s financial support and overall well-being.
Communication and Cooperation: Effective communication and cooperation between parents are essential for successful joint legal custody. Parents must be willing to discuss important decisions, exchange information about the child’s well-being, and work together to resolve disagreements or conflicts in the child’s best interests.
Parenting Plan or Agreement: Joint legal custody is typically established through a parenting plan or agreement, either voluntarily by the parents or by court order. This plan outlines the terms and conditions of joint legal custody, including how major decisions will be made, how disputes will be resolved, and the communication methods between parents.
Residential Arrangement: In most cases of joint legal custody, the child resides primarily with one parent (the custodial parent) while spending scheduled time with the other parent (the non-custodial parent). However, both parents retain equal decision-making authority, regardless of the child’s primary residence.
Best Interests of the Child: The overarching principle in joint legal custody is the best interests of the child. All decisions made by parents should prioritize the child’s well-being, safety, and emotional development. Parents should consider factors such as the child’s age, maturity, preferences, and special needs when making decisions.
Flexibility and Adaptability: Joint legal custody requires parents to be flexible and adaptable to changing circumstances. It’s essential for parents to maintain open lines of communication, be willing to compromise, and seek the child’s best interests, even in challenging situations.

Overall, joint legal custody allows both parents to remain actively involved in their child’s life and ensures that major decisions are made collaboratively, promoting stability, continuity, and the child’s overall well-being.

How is Joint Legal Custody Shared?

oint legal custody is shared between both parents in a collaborative manner. Here’s how it typically works:

Equal Decision-Making Authority: With joint legal custody, both parents have equal decision-making authority regarding important aspects of their child’s life, such as education, healthcare, religious upbringing, and extracurricular activities. This means that both parents have the right to participate in making major decisions that affect the child’s well-being.
Collaboration and Communication: Parents are expected to communicate openly and collaborate effectively when making decisions about their child. This may involve discussing various options, sharing information, considering each other’s perspectives, and reaching a consensus on important matters. Effective communication is essential for successful joint legal custody.
Consultation Requirement: Before making significant decisions regarding the child, both parents are typically required to consult with each other and attempt to reach an agreement. This ensures that both parents have the opportunity to provide input and participate in the decision-making process. If parents cannot agree, they may need to seek mediation or court intervention to resolve disputes.
Parenting Plan or Agreement: Joint legal custody is often established through a parenting plan or agreement, which outlines the terms and conditions of custody, including how major decisions will be made. The parenting plan may specify communication methods between parents, procedures for resolving disputes, and mechanisms for sharing information about the child’s well-being.
Flexibility and Cooperation: Successful joint legal custody requires parents to be flexible, cooperative, and willing to work together in the best interests of their child. This may involve compromising on certain issues, respecting each other’s opinions, and prioritizing the child’s needs above personal differences.
Respect for Court Orders: If joint legal custody is established through a court order, both parents are legally bound to comply with the terms of the order and fulfill their responsibilities as outlined. This includes following the parenting plan, attending mediation or counseling sessions if required, and adhering to any court-imposed conditions.

Overall, joint legal custody requires parents to share decision-making responsibilities and work together to promote the well-being of their child. By fostering collaboration, communication, and respect, parents can ensure that their child’s needs are met and that major decisions are made in their best interests.

Pro’s and Con’s of Joint Legal Custody

oint legal custody, like any custody arrangement, comes with its own set of advantages and disadvantages. Here’s a breakdown of the pros and cons:

Pros:

Shared Decision-Making: Both parents have equal input and decision-making authority regarding important aspects of their child’s life, such as education, healthcare, and religious upbringing. This allows the child to benefit from the perspectives and input of both parents.
Continuity and Stability: Joint legal custody allows the child to maintain a strong relationship with both parents, even if they live primarily with one parent. This continuity of care and involvement from both parents can provide stability and emotional support for the child.
Promotes Cooperation: Joint legal custody encourages parents to communicate and collaborate effectively for the well-being of their child. By working together to make decisions, parents can model cooperation and problem-solving skills for their child.
Flexibility: Joint legal custody arrangements can often be flexible and adaptable to the changing needs of the child and the family. Parents can adjust schedules and decision-making processes as necessary to accommodate evolving circumstances.
Shared Financial Responsibility: Both parents share financial responsibility for their child’s upbringing, including expenses related to education, healthcare, and extracurricular activities. Joint legal custody can help ensure that both parents contribute to the child’s financial needs.

Cons:

Communication Challenges: Effective communication between parents is essential for successful joint legal custody. However, communication breakdowns or conflicts between parents can make decision-making difficult and lead to disagreements or disputes.
Potential for Conflict: Differences in parenting styles, values, or priorities can sometimes lead to conflicts or disagreements regarding important decisions for the child. Resolving these conflicts may require mediation, counseling, or court intervention.
Logistical Challenges: Coordinating schedules, sharing information, and making joint decisions can be logistically challenging, especially if parents live far apart or have busy schedules. This can create practical difficulties in implementing joint legal custody arrangements.
Unequal Involvement: In some cases, one parent may be more actively involved in decision-making or may exert more influence over important decisions. This can lead to feelings of frustration or resentment if one parent feels marginalized or excluded from the process.
Potential for Legal Battles: Disputes over major decisions or disagreements between parents can escalate into legal battles, leading to increased stress, time, and expense for both parents. This can create a contentious or adversarial environment that is not in the child’s best interests.

Overall, joint legal custody can be beneficial for many families, but it requires effective communication, cooperation, and flexibility from both parents to be successful. By focusing on the needs of the child and maintaining a child-centered approach, parents can navigate the challenges of joint legal custody and work together to promote the well-being of their child.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711

INITIAL CONSULTATION

Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale

Regular Post

Written by Canterbury Law Group

1 February 2024

What Is Sole Physical Custody?

Sole physical custody, also known as sole residential custody or sole parenting time, refers to a child custody arrangement where the child primarily lives with and spends the majority of their time with one parent, known as the custodial parent or residential parent.

(480) 744-7711

INITIAL CONSULTATION

Here’s a breakdown of key aspects:

Primary Residence: The child’s primary residence is with the parent who has sole physical custody. This parent is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and supervision.
Decision-Making Authority: The parent with sole physical custody usually has the authority to make major decisions regarding the child’s upbringing, such as those related to education, healthcare, and religious upbringing. However, in some cases, major decisions may still require input from the non-custodial parent or may be subject to court approval.
Visitation or Parenting Time: The non-custodial parent typically has visitation rights or parenting time with the child according to a court-approved schedule. This schedule may include specified times for the child to spend with the non-custodial parent, such as weekends, holidays, vacations, and other agreed-upon times.
Child Support: In many cases of sole physical custody, the non-custodial parent is required to pay child support to the custodial parent to help cover the costs associated with raising the child. Child support payments are often determined based on factors such as each parent’s income, the needs of the child, and the custody arrangement.

It’s crucial to understand that:

Sole physical custody is not the preferred arrangement in most situations. Courts generally favor joint physical custody, where both parents share significant physical time with the child, as it is generally considered beneficial for the child’s well-being to maintain a relationship with both parents.
Sole physical custody is typically awarded only in specific circumstances, such as when:
- There are concerns about the child’s safety or well-being with the non-custodial parent due to factors like abuse, neglect, instability, or substance abuse.
- One parent lives a significant distance away, making frequent physical co-parenting impractical.
- Both parents agree to this arrangement and believe it is in the child’s best interests.

It’s important to note that sole physical custody does not necessarily mean that the non-custodial parent is completely excluded from the child’s life. In most cases, courts recognize the importance of maintaining a relationship between the child and both parents, even if one parent has primary physical custody. However, sole physical custody may be awarded if it is determined to be in the best interests of the child based on factors such as the child’s relationship with each parent, the parents’ ability to cooperate and communicate, and any history of domestic violence or substance abuse.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711

INITIAL CONSULTATION

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale

Regular Post

Written by Canterbury Law Group

2 January 2024

Does Guardianship Override Parental Rights?

When a child has a legal guardian, the guardian’s role differs from the parent’s role. The parent should understand how the guardian serves the child’s needs. Teachers, doctors, extended family and babysitters may also need to know what the guardian can do. Have questions about obtaining legal guardianship in Phoenix or Scottsdale Arizona? Contact Canterbury Law Group’s Guardianship Lawyers today.

(480) 744-7711

INITIAL CONSULTATION

Guardianship versus parental rights

Guardians and parents have their own roles. The fact that the child has a guardian does not mean the parent has no rights.

Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child.

In some circumstances, a court may suspend or terminate a parent’s rights. However, that is separate from appointing a guardian.

Legal guardian versus biological parent: Who has custody?

Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.

It is possible that a judge will later award custody to the guardian. This would be a new request and a separate legal process. Probate courts determine guardianship. Family courts determine custody.

Guardianship and parental visitation

Parents may have the right to visit their child while the child is living with the guardian. The details of a guardianship will depend on family circumstances.

Does the parent choose the guardian?

When a parent needs someone else to provide care for their child, they may consider a guardian. Appointing a guardian can be a responsible choice.

One way to tell the court in advance whom you want as guardian is to put this information in your parenting plan. This way your wishes are in a legal document signed by both parents, and the court can reference it if you die or become incapacitated.

If you are still alive and want to appoint a guardian, you can instead go to your court for the appropriate forms.

When a parent chooses to appoint a guardian, they can ask the court at any time to revoke the guardianship. They can also appoint a new guardian.

If the child’s well-being is at risk, the court may appoint a guardian against the parents’ wishes. The court order establishes the details.

A guardianship is temporary

Parenthood, whether biological or adoptive, is a permanent status. By contrast, guardianship is temporary. This is another way in which guardianship of a minor child is different from parenthood.

A court order begins and ends the guardianship. The order may set the guardianship to expire on a certain date. Otherwise, the order is valid until a judge updates it.

If a guardian cannot or will not continue to serve in their role, they must go to court to request a change. Sometimes the parent, too, has the right to bring an end to the guardianship. If the court approves, the guardianship can end.

Can the legal guardian parent the child, too?

Legally, a guardian is not a parent. As such, the guardian’s rights and responsibilities are not called parental rights. A guardian is a designated nonparent who protects the child’s interests.

The parent may keep their right to make long-term, major decisions. A court order specifies the unique details of each guardianship.

Despite not being a parent, the guardian often plays roles that are typical of parents. For example, a guardian may provide housing, oversee homework and take the child to the doctor. When considering the child’s daily care, the guardian may have the right to override the parents’ wishes.

Does the guardian pay for the child’s care?

Sometimes, a parent pays child support to the guardian. A child may also have their own income through government support or an inheritance. The guardian may be allowed to use this money for the child’s needs if they keep track of the spending.

In other situations, the guardian alone pays for the child’s needs. Just because a guardian spends money on the child does not mean they have more rights than the parent.

Does guardianship lead to adoption?

On its own, guardianship does not lead to adoption. In some circumstances, however, a guardian may apply to adopt the child. This is a separate process. Guardianship is not the same as adoption.

As part of the adoption process, a judge examines the biological parents’ statuses. Their parental rights (if any) are terminated when someone else adopts their child.

When the adoption is finalized, the guardian becomes the parent. This is a permanent status. Anyone who becomes an adoptive parent gains parental rights.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711

INITIAL CONSULTATION

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale

Regular Post

Written by Canterbury Law Group

2 January 2024

The Differences between Guardianship and Custody

Guardianship and custody are legal arrangements concerning the care and well-being of a minor, but they have distinct differences:

(480) 744-7711

INITIAL CONSULTATION

Who they apply to:

Custody: Refers to the legal responsibility for raising a child, typically awarded to biological parents, though it can also be granted to stepparents or other relatives through legal processes.
Guardianship: Applies when someone other than a biological parent or legal custodian needs to make decisions about a child’s care and welfare. This can be due to various reasons, like the parents’ incapacity, incarceration, or death.

Scope of responsibility:

Custody: Grants decision-making authority in various areas, including education, healthcare, residence, extracurricular activities, and religious upbringing. In some cases, it also covers financial support.
Guardianship: The scope of responsibility can vary depending on the specific case and court order. It may encompass daily care decisions (food, clothing, shelter), medical care, education, and some legal decision-making, but not necessarily all aspects of raising the child.

Duration:

Custody: Typically intended as a long-term arrangement, aiming to provide stability and continuity for the child. However, custody orders can be modified if circumstances change significantly.
Guardianship: Can be temporary or permanent depending on the situation. For temporary guardianships, the goal might be to reunite the child with their biological parents once they regain capacity. Permanent guardianships may be necessary if long-term care is required.

Legal standing:

Custody: Legal custodians have legal authority to make decisions for the child and represent them in court.
Guardians: Have varying levels of legal authority depending on the specific court order. They may require the biological parents’ consent for certain decisions, especially if the parents retain some parental rights.

Here’s a table summarizing the key differences:

Feature	Custody	Guardianship
Applies to	Biological parents, stepparents, relatives	Non-biological parents
Scope of responsibility	Broad (education, healthcare, residence, etc.)	Varies depending on court order (daily care, some legal decisions)
Duration	Long-term	Temporary or permanent
Legal standing	Full legal authority	Varies depending on order

Remember:

The specific details of custody and guardianship agreements can vary depending on the individual case and state laws.
Consulting with a lawyer experienced in family law is crucial for understanding your rights and responsibilities and navigating the legal process related to either custody or guardianship.

Guardianship:

Definition:
- Guardianship is a legal relationship in which an individual (the guardian) is appointed by the court to make legal and personal decisions for another person, usually a minor (the ward) or an incapacitated adult.
Court Involvement:
- Guardianship is typically established through a court process. The court evaluates the need for a guardian, and if deemed necessary, it appoints a suitable person to act as the guardian.
Decision-Making Authority:
- The guardian has the authority to make legal, financial, and personal decisions on behalf of the ward. This can include decisions about education, medical care, and overall well-being.
Termination:
- Guardianship may continue until the ward reaches the age of majority (18 years old) or until the court determines that the guardianship is no longer necessary.
Applicability:
- Guardianship is often used when a child’s parents are unable or unwilling to care for the child or when an adult lacks the capacity to make decisions for themselves.

Custody:

Definition:
- Custody refers to the legal right and responsibility of a parent to care for and make decisions on behalf of their child.
Court Involvement:
- Custody arrangements can be established by agreement between the parents, but they may also be determined by a court order in cases of divorce, separation, or when parents cannot reach an agreement.
Decision-Making Authority:
- Custodial parents have the authority to make day-to-day decisions for the child, including those related to education, healthcare, and general upbringing.
Termination:
- Custody typically continues until the child reaches the age of majority, and it may be subject to modification by the court if circumstances change.
Applicability:
- Custody is primarily associated with the relationship between a child and their biological or adoptive parents. It may involve sole custody, joint custody, or visitation rights.

Key Distinctions:

Legal Relationship:
- Guardianship involves a legal relationship established by the court, while custody is a legal right granted to parents.
Decision-Making Scope:
- Guardianship often grants broader decision-making authority, including financial and personal decisions, while custody focuses on the day-to-day care and upbringing of the child.
Origins:
- Guardianship can arise in situations where there is no biological or adoptive parent available or suitable to care for the child. Custody is typically associated with parental rights.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711

INITIAL CONSULTATION

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale

Regular Post

Written by Canterbury Law Group

2 January 2024

Enforcing Custody and Child Support Orders

(480) 744-7711

INITIAL CONSULTATION

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.

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.

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 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.

Child Custody, Child Custody & Parenting Time, Family Law, Father's Rights, Mother's Rights, Sole Child Custody

Regular Post

Written by Canterbury Law Group

23 December 2023

Punishments for Contempt of Court in Family Court

What Not To Do During a Custody Battle

Contempt of court in family court is a serious matter with potentially significant consequences. The specific punishments for contempt can vary depending on several factors, including:

(480) 744-7711

INITIAL CONSULTATION

Type of Contempt:

Civil Contempt: This aims to enforce a court order by compelling compliance. Punishments typically involve coercive measures like fines, community service, wage garnishment, or even modifications to the parenting plan.
Criminal Contempt: This aims to punish disrespectful behavior towards the court or interference with its proceedings. Penalties can range from fines and jail time to more serious charges like obstructing justice.

Severity of the Contempt:

Minor violations: These might involve things like missing a court date or submitting incomplete documents. Punishments are usually lesser, such as warnings or additional fees.
Major violations: These could include refusing to pay child support, withholding a child from the other parent, or making false statements to the court. Penalties can be harsher, including longer jail sentences or substantial fines.

State Laws:

Each state has its own laws regarding contempt of court, so the specific consequences may differ.

Here are some general examples of punishments for contempt of court in family court:

Fines: Ranging from a few hundred dollars to tens of thousands, depending on the severity of the offense.
Jail Time: Length can vary significantly, from a few days to several months or even years in extreme cases.
Community service: Requiring participation in programs to benefit the community.
Modification of the parenting plan: This could involve reducing a parent’s custody time, limiting their contact with the children, or even granting sole custody to the other parent.
Suspension of driver’s license or professional licenses: In some cases, the court may impose additional penalties beyond the family court context.

Before taking any action that might constitute contempt of court, it’s crucial to consult with a lawyer specializing in family law. They can advise you on the specific consequences in your state and recommend the best course of action to avoid contempt charges or mitigate their potential impact.

Remember, following court orders and maintaining respectful behavior in family court proceedings is essential to avoid serious consequences and ensure the best outcome for your children.

Civil Contempt:
- Fines: The court may impose fines as a form of punishment for contemptuous behavior. The fines are intended to coerce compliance with court orders rather than to punish.
- Compensation: The court may order the contemnor to compensate the other party for any losses or expenses resulting from the contemptuous actions.
- Probation: In some cases, the court may place the individual on probation, requiring them to comply with court orders during the probationary period.
Criminal Contempt:
- Imprisonment: In more serious cases, the court may order the imprisonment of the individual found in contempt. The purpose of imprisonment is often to punish the contemnor for willful disobedience.
- Community Service: The court may order the individual to perform community service as a form of punishment.
Remedial Contempt:
- Coercive Incarceration: The court may order the individual to be incarcerated until they comply with the court order. The imprisonment is intended to coerce compliance rather than to punish.
Other Consequences:
- Modification of Orders: The court may modify existing orders to better suit the circumstances, especially if the contemptuous behavior is related to issues like child custody or visitation.
- Loss of Parental Rights: In extreme cases, repeated or severe contempt of court related to parenting issues could lead to the loss of parental rights.

It’s important to note that the specific consequences for contempt of court can vary based on the laws of the jurisdiction and the discretion of the presiding judge. Family courts aim to enforce court orders and ensure the well-being of all parties involved, particularly the children.

Individuals facing contempt proceedings in family court are strongly advised to seek legal representation to understand their rights, present their case, and navigate the legal process effectively. Additionally, compliance with court orders is crucial to avoiding contempt charges and associated penalties.

Need a Family Lawyer in Scottsdale?

(480) 744-7711

INITIAL CONSULTATION

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]

Child Custody

what can be used against you in a custody battle

Regular Post

Written by Canterbury Law Group

23 December 2023

Parenting Coordination Pros And Cons

(480) 744-7711

INITIAL CONSULTATION

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:

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

Cons of Parenting Coordination:

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.
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.
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.
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

(480) 744-7711

INITIAL CONSULTATION

*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, Family Law, Father's Rights, Mother's Rights, Sole Child Custody

Regular Post

Written by Canterbury Law Group

6 December 2023

What Can Be Used Against You In 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. Let’s take a look at what can be used against you in an ongoing custody battle.

(480) 744-7711

INITIAL CONSULTATION

What Will Be Used Against You In A Custody Battle?

Enduring a custody battle will be tough for all parties involved. This difficult time can often cause an individual to act out, and sometimes detrimentally affect the case. Always be mindful of your behavior and body language during these proceedings.

To determine how not to behave during a custody battle, it’s crucial to review our checklist below. Refrain from acting in any of the following ways during a custody battle.

1. Lying 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.

2. Refusing 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.

3. Disrespecting Your Ex

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.

4. Substance Abuse

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.

5. Withholding 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.

6. Involving 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.

7. Bringing A New Partner 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.

8. Pushing For A Trial Right Away

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.

9. Coming 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.

10. Behaving Poorly 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.

11. Disregarding 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.

12. Parental Alienation

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.

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.

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?

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

Need a Family Lawyer in Scottsdale?

(480) 744-7711

INITIAL CONSULTATION

*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]

Child Custody

what can be used against you in a custody battle

Regular Post

Written by Canterbury Law Group

29 November 2023

How Child Custody Is Determined In Arizona

(480) 744-7711

INITIAL CONSULTATION

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

(480) 744-7711

INITIAL CONSULTATION

*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, Family Law, Father's Rights, Mother's Rights, Sole Child Custody

Regular Post

Written by Canterbury Law Group

29 November 2023

What Not To Do During a Custody Battle

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

(480) 744-7711

INITIAL CONSULTATION

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.

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.

Don’t disrespect the other parent

Don’t abuse alcohol or drugs

Don’t withhold your child

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.

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

Don’t push for a trial without trying to compromise

Don’t show up to court unprepared

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.

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

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?

(480) 744-7711

INITIAL CONSULTATION

*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]

Child Custody, Child Custody & Parenting Time, Custody Terms, Custody Tips, Divorce & Legal Separation, Divorce attorneys Scottsdale, Family Law, Parental Alienation

1 2 3 4 5 … 7