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Non-Custodial Parent Moving Out Of State Arizona

Non-Custodial Parent Moving Out Of State Arizona

When deciding if a parent will be allowed to relocate with a child or children, courts in Arizona conduct an investigation whether the relocation is likely to damage the relationship the child or children has with the parent who is not relocating. Following a divorce, it is not at all unknown for one parent desiring to relocate to another city or indeed, another state. It may be for a new spouse, a new career or just a fresh start in a new place. Regardless of the reason, it has a substantial effect on issues of custody. Following the move, if the parents are unable to come to an agreement regarding custody of the child or children, a judge will make the final and legally binding decision. The judge will consider many factors when assessing the most preferred custodial situation for the child or children. Therefore, as relocation custody can be a complex issue, it is vital to understand circumstances and situations that may impact your case.

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Overview of Arizona Custody Laws

The center point of any custody dispute is what is in the best interests of the child or children. Let’s look at some of the factors court consider to be of paramount significance when deciding on the visitation and custody arrangements that will satisfy the physical and emotional needs of the child or children:

  • The physical health and mental health of each parent.
  • The relationship the child or children has with their parents.
  • The ability of each parent to provide a stable environment for their child or children.
  • If any of the parents have a history of child abuse or domestic violence.
  • The ability of the child or children to adjust to a new community and home.

The judge will then make a decision as to whether to award sole or joint physical custody as well as sole and joint legal custody of the child or children having undertaken a consideration of factors relating to the health and wellbeing of the child or children. It is worth remembering a parent with sole custody of the child or children may have more leeway when it comes to the relocation of the child or children.

Relocation Rules For Arizona Parents

A relocation is not a simple move to the other side of town. When parents share legal or joint custody, the parent who is relocating is obliged to give advance notice of at least 45 days regarding an intended move out of state or an in-state move in excess of 100 miles. The parent who is not moving may then make a petition to the court preventing the relocation. When a judge refuses the relocation request, the other parent may still move there, but will be unable to take the child or children with them to live.

How Judges Decide Relocation Cases

Primarily, the judge examines the negative consequences a potential move may have on the wellbeing of a child or children. Evidence will be submitted by each side and the judge will determine whether to allow the relocation and how custody arrangements will be adjusted. At the hearing, a judge may hear testimony from the individual parents, relatives, teachers, or friends. In particular the judge is looking at the following aspects:

  • The reason for the move.
  • Is the purpose of the move to interfere with the visitation of the other parent?
  • Will the quality of life and wellbeing of the child or children be impacted in a negative way?
  • The relationships the child or children have with both parents, looking at the past, the present day and the future potential of these relationships.
  • What are the possible effects of less visitation with one parent?
  • The relationship a child or children has with their siblings.
  • The adjustment to home and community the child or children will have to undertake.
  • If they are of mature enough years, the preferences of the child or children.
  • Any other circumstances the court deems to consider as important.

The burden of proof lies with the parent making the move to show it is in the best interests of the child or children to move with them. Courts understand the needs of a parent to move, travel and follow a career but the best interests of the child or children and the right of the other parent to maintain meaningful relationships with their child or children has to be balanced up against this.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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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.

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Custodial Interference In Arizona

Custodial Interference In Arizona

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

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When Can You Claim Custodial Interference?

Court orders have to be in place because if rights of legal decision making and parenting time are yet to be adjudicated by the court, there are no outstanding orders to be broken and there are no meaningful legal actions you can undertake until the courts sign off on the orders.

Examples Of Custodial Interference Include:

  • When parenting time has been scheduled, refusing to bring the child or children.
  • When the other parent has company making a visitation to the child or children without at first obtaining permission to do so.
  • Not returning the child or children on schedule.
  • Purposefully limiting the contact, the child or children have with the other parent.
  • Using enticements on the child or children to isolate the parent holding custody.
  • Taking the child or children before court orders are in place.
  • Taking the child or children when it is not parenting time according to the schedule already in place.

These are common examples but as each situation is unique you should talk to a family law attorney and they can make a determination as to whether your rights have been violated.

When your child or children have been born out of wedlock, the law states the custodial rights go to the mother until brand new court orders becomes effective. It is vitally important you do not take any actions against the child or children or the mother. This law will be enforced and can result in criminal proceedings.

When The Other Parent Interferes With Custody

Custody agreements are often contentious but when you have a court order already in place, you are within your rights to call law enforcement when the other parent refuses to stick to the agreed parenting plan. Your actions should also be reported to the courts. Minor examples of interference will likely be met with a caution from law enforcement as well as the enforcement of the agreed, court order, plan of parenting. In cases when a parent continues to interfere in this way, the police will now have written documentation of the behavior and if needed can make an arrest. In situations when the custodial interference has become very extreme, the courts have the power to make the following changes to the established parenting plan:

  • Transfers at a preset location that is neutral (sometimes a police station.)
  • Visits that have to be supervised by a third party.
  • Loss or restriction of custody and rights of visitation.
  • Penalties and fines.
  • Criminal repercussions.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

  • Class Four Felony: Interference by a non-parent.
  • Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
  • Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

Custodial Interference Law Exemptions

In some situations, the court allows a parent non-adherence to the parenting plan if the following applies:

  • A parent is protecting the child or children from harm.
  • Disruptions to the parenting plan that have been previously agreed upon.
  • Events the parents do not have control over.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference in Arizona: Laws for a Disruptive Divorced Parent.” Mesa Divorce Lawyers & Family Law Attorneys, 30 May 2019, https://www.jacksonwhitelaw.com/arizona-family-law/custodial-interference-arizona/.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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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.

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My Wife is Keeping My Child Away From Me? What to Do?

My Wife Is Keeping My Child Away From Me

The relationship between you and your wife has reached the point of no return. The wife says she is going to leave, and the kids are going with her. Legally, can she do this? Can you stop her from following through with these actions? What can be done legally to help you? What course of action do you take if she leaves with kids in tow having not obtained your permission to do so? Primarily, she just cannot take the kids and depart. She has no more rights to the child or children than the father, this is even more so when there is no custody or divorce agreement in place.

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What To Do When Your Wife Leaves With The Children

  • As a father you have certain rights and they need immediate protection in these circumstances. If you allow this to go on without any action, you are at risk of losing the rights you have when the custody and divorce case goes to court. You should immediately contact a family lawyer who will safeguard your rights.
  • Your attorney will immediately contact the attorney your wife has retained to commence work on an agreement. Avoid legal ramifications by deciding not to just show up and attempt to take the children back. Leave it to the attorneys. This contact from the attorneys will be documented and the courts will be able to tell, you did not just allow this to go on and that you want to maintain your involvement in the lives of your child or children.
  • A schedule for visitation needs to be created and adhered too as there is no doubt the time spent with our child or children will be examined during the divorce proceedings. If you want custody, be sure to be involved with the parenting decisions for the child or children and ensure you are there for them when they are with you. Avoid having them babysat. Instead, be a Dad and make sure the time you spend with them is quality time. Make sure no scheduled visits are missed, so it cannot be held against you. These are all things the judge will be reviewing.

Father’s Rights During and Following Divorce

Throughout the divorce process, you have certain rights as a father and your wife is not able to stop you from using those rights unless there are circumstances such as a substance problem or history of abuse. Examples of these rights include:

  • You wife cannot keep you from your children. And any attempt by her to do so needs immediate attention. You have the right to attend activities, events, sports games, graduations, plays, and so on. In situations where she is purposefully preventing you from doing so, tell your attorney right away and handle it through the legal process.
  • Should your ex-spouse remarry she may want your child or children to be adopted by her new husband. You have the right to stop this. No judge is going to allow this to occur if the father is meeting the agreed obligations and sticking to his visitation or custody agreements.
  • It is vital to provide the needed financial support to your child or children in order to protect your rights through the process. It is documentable evidence that you are meeting the financial obligations you have towards your child or children. Your right will remain in place by ensuring you stay current on these payments.
  • You have the right to share custody of the child or children with your wife during the divorce proceedings unless the courts have decided custody may not be shared. She is unable to force your hand on this issue unless you allow her to do so.
  • You have a right to have full involvement in the parenting decisions on behalf of the child or children, as their father. This ranges from religion, schooling, health care choices and so on. Disagreements will need to be worked out and it will demonstrate to the court that the pair of you can work for a common goal…doing what is best for the child or children.

Minimizing Problems With The Mother of Your Child Or Children During Divorce

If both of you realize conflict will be of no benefit to the child or children or yourselves during the divorce process, things should go a lot smoother. Disagreements are inevitable but serious conflict should be avoided at all costs.

  • By respecting the plans of the other person, problems should be minimized especially when it comes to things such as special events or trips. Discuss in advance any changes to schedules or pick up and collection times of the child or children. Open lines of communication are key.
  • You must remain consistent in your efforts. Being reliable and turning up when you say you are going to do so and following through with what you have said you are going to do, often helps to minimize other issues in divorce proceedings. This is an area where there is really no room for excuses so do not give her a just reason to become upset or frustrated with the situation.
  • You need to be able to communicate, clearly and concisely with your ex. If that is difficult, think about using an online service that creates and organizes schedules and you can leave each other messages on there. However, remember words said in text form can often be misconstrued as it lacks the subtlety of human intonation.

Source:  Baker, Nicholas, et al. “Can My Wife Take My Kids Away From Me? Family Law Rights.” Family Law Rights, 24 July 2016, https://www.familylawrights.net/blog/can-my-wife-take-my-kids-away-from-me/.

Speak with Our Father’s Rights Attorneys In Scottsdale

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Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address 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. You can trust us to represent you fully, so you can get on with your life. Call today for an 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]

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Moving Out of State with No Custody Agreement in Arizona

Moving Out Of State With No Custody Agreement In Arizona

Can a Parent Move out of state without a custody agreement in Arizona? The short answer is no.

Courts in Arizona deciding whether a parent can relocate with their child or children have a duty to investigate if the move will harm the relationship the child or children has with the parent who is not relocating.

One parent often moves to another state following a divorce, be it for a new partner a new career or just a chance to start over somewhere else. Regardless of the reason, the move of the parent will have a significant impact on custodial issues.

A judge will decide and look at many different issues to decide custodial arrangements, if the parents are incapable of handling custody issues following the move. Without question these decisions are complex and it is vital you understand the circumstances that may impact your case.

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Overview of Arizona Child Custody Laws

In any custody decision, the interests and wellbeing of the child or children is given top importance. Some of the factors taken into consideration include:

  • The physical and mental health of each parent.
  • The relationship the child or children has with each parent.
  • The ability of each parent to provide stability.
  • If there is a history of abuse or domestic violence with one or both parents.
  • The adjustment required by the child or children to adapt to their community and home.

Based on this the judge will determine whether joint or sole custody should be granted to one of the parents for the child or children. Parents can share legal custody even when the one parent has lone physical custody of the child or children. But that parent may be in a better position regarding the relocation of the child or children.

Understanding Relocation Rules for Arizona Parents

A relocation is defined as a move out of state or a move within the current state they reside that is greater than 100 miles away from the current location of the child or children. When parents share legal or joint custody, the parent making the move must give 45 days’ notice of such a move. The parent who is not moving then can petition the court to prevent the relocation of the child or children. In circumstances where a judge refuses to allow the relocation, it means the parent cannot move with the child or children but may move without them.

How Will a Judge Decide a Relocation Case?

The primary factor a judge will consider in these cases is how the move may have negative consequences for the child or children. Each side will be required to submit a statement of evidence for the judge to consider. The judge will then hold a hearing to decide. At the hearing, the judge may hear live testimony from both parents, relatives, teachers, friends, as well as any others with relevant testimonies such as guardian ad litem. The judge will look primarily at these considerations:

  • The reasons for the move.
  • Is the move designed to limit the visitation of the other parent?
  • Will the quality of life improve for the child or children following the relocation?
  • The future as well as the past and present relationships of the child or children with both parents.
  • The impact of one parent having less time and ability to have visitation with the child or children.
  • The sibling relationships of the child or children.
  • The community and home adjustment of the child or children.
  • If the child or children are mature enough, what is their preference?
  • Any other factors thought of importance enough to be included.

A good example of this in Arizona is when a trial court decided on preventing the Mother from moving out of state with her child as there was not a good reason for the move. In these circumstances, the woman’s new husband was looking for a job as a welder in the northeast United States. As the stepfather had no training or experience as a welder and no job to justify the move, the court decided it was unreasonable. In the end the court of appeals had the trial court rehear the case to consider other determining factors such as the effects on the child the move would cause.

The burden of proof is squarely on the parent of the child or children to establish the move is in the best interests of the child or children. While courts acknowledge the right of each parent to further their career and understand that may mean traveling, it has to be measured against the other parents right to keep a meaningful relationship with the child or children.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.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.

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My Wife Cheated On Me And I Want A Divorce

My Wife Cheated On Me And I Want A Divorce

Law offices across America often hear the refrain of: “My wife cheated on me and I want a divorce!” Thankfully in most situations we can help. Read on to learn the best way to negotiate through this difficult transition.

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One of the most mentally and psychologically painful experiences one can endure is when you discover your spouse has been cheating on you. The pain can endure for months as you come to terms with the situation. Understandably many men think the only option from this point is opting for divorce.

When Your Wife Cheats on You and You Want a Divorce

Your first port of call should be to speak to an experienced attorney. At this stage, you do not have to decide upon a course of action, but you should be aware of the options that are available. Similarly, just speaking to an attorney does not mean you will get a divorce, it just allows you the chance to obtain legal counsel regarding your current position. The attorney will explain the step by step process, should you decide on a divorce. They can also explain issues such as child custody and the division of property. You will also be made aware your divorce can go one of two ways, uncontested and contested. In short, a contested divorce is where the other party will not agree with the terms of the divorce you propose, and an uncontested divorce is when the other party does agree.

Does Infidelity Matter?

Since the advent of no-fault divorces, it means infidelity no longer has to be proven. However, the judge may take it into consideration if the acts of infidelity have had a negative financial impact on you. They may also consider the impact the infidelity has had on the child or children of the parents.

Property Division and Infidelity

Regardless of your wife cheating, it does not disqualify her from a property settlement. As Arizona is a state with a community property law, anything you acquired during marriage must be split evenly. The same applies to a division of debts, some will be considered separate and others will be considered community debts.

Alimony and Cheating

It is a fact, a wife who cheats will still ask for alimony in many cases. However, a court may offer her less alimony as it is based on financial need, if, for example, she has already moved in with her partner from the affair. You need to let your attorney know if the affair partner (or indeed any other party) is living with your wife before the divorce becomes finalized and of course, once the divorce is final.

Child Custody

A judge is always going to act in what they consider to be the best interests of a child or children involved in the divorce process. Sadly, courts will not always think your wife is a bad Mom, even if she has cheated on you. The only way something of this nature would come into play would be if her infidelity threatens the wellbeing of the child or children. For example, engaging in acts that can be described as sexual in nature around the children.

Sadly, many relationships can never bounce back after cheating. The damage is irreparable. But we are here to assist you in dealing with the relationship fallout following infidelity.

Source: “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, https://www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce/

Need an Affordable Divorce lawyer in Scottsdale?

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The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  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.

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Parental Alienation in Arizona

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?

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?

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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 Signs of Parental Alienation

7 Signs of Parental Alienation

Parental Alienation Syndrome is the purposeful act of one parent with the purpose of distancing their child or children from the other parent. The aim is to dismantle the bond that unites the child or children with the other (usually noncustodial) parent. There can be many reasons for a parent to do this. Sometimes, it is done as a form of punishment as the instigating parent sees it as a way of delivering justice for some alleged act of wrongdoing. Sometimes the acts can be the result of a mental health-oriented personality disorder that comes to the fore in a stressful situation, preventing them from acting and reacting rationally.

Read on to learn more how parental alienation is something that may develop over a period of time and how the early signs of parental alienation syndrome can be identified.

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Encouraging Acts of Anger Towards the Other Parent

A parent will be critical or talk in a dismissive manner regarding the other parent to the child or children. These may be blatant negative statement or more subtle jibes designed to erode the confidence the child or children has in the other parent. They may claim a new item of clothing or something that is needed for school cannot be purchased and the child or children are told this is because the other parent has decided to spend the money on someone else or something else. The whole purpose is to develop insecure feelings in the child or children towards the parent.

Subtle Attempts Promoting Anger

This often happens when one parent purposefully speaks poorly of the other parent to the child or children. Although they may not address the child or children directly, they will ensure the child or children is within earshot when making derogatory comments to other people about the parent. A more direct example would be to attribute to the child or children that the other parent did not care enough about the child or children or the marriage relationship. Essentially, the parent causes and then exploits the emotional turmoil the child or children experience.

The Sharing of Details

When a parent indulges in parental alienation, they often tell the child or children of the divorce process and report to the child or children the ongoing conflict between the parents, attributing the cause and the blame of the conflict to the other parent. This may include the discussion of financial problems, or blaming the other parent for legal issues, often with the emphasis of presenting how the scenario would be easier if the other parent was not so mean in their actions. This can cause the child or children to feel angry at the other parent and a feeling of responsibility of guilt.

Sending Negative Messages

A parent can utilize body language to show their displeasure regarding the other parent to the child or children. The child or children may witness the parent rolling their eyes, shaking their head, throwing their arms around and other physical actions when describing what the other parent supposedly said or did. Often this non-verbal communication has a large impact on the child or children.

Refusing to Co-Parent Properly

When one parent refuses to co-parent in the agreed way with the other parent and then blames that parent to the child or children it can cause a great deal of damage. Children may be told this is because the other parent is always angry or does not want to associate with the child or children.

Making False Accusations

Sometimes a parent may make unfounded accusations ranging from emotional, physical and even sexual abuse from the other parent towards the child or the children. This obviously is a very serious set of allegations to make and can have very dire consequences, both emotional and legal. When the child or children is too young to talk, a medical examination must take place as well as a psychiatric evaluation whenever there is an accusation or suspicion of abuse. The damage that can be done between a parent and a child or children can be permanent even if the allegations are totally untrue. Often the child or children are left with unresolved conflicts and nowhere else to turn. The child or children also have the issue they have little to no input into the conflict they are being involved in. it can be a horrendous price for the child or children to pay when one parent is lying regarding the other parent in such a serious manner.

Refusal to Communicate

If one parent cannot or will not communicate effectively to transfer information regarding the life and wellbeing of the child or children, it is at least a possibility this is an attempt for the parent to isolate the child or children from the other parent.

Source: Group, DiPietro Law. “7 Signs Your Ex Is Engaging in Parental Alienation.” DiPietro Law Group, PLLC, 10 Feb. 2016, https://www.dipietropllc.com/blog/2016/february/7-signs-your-ex-is-engaging-in-parental-alienati/

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]

Family Law, Parental Alienation
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Written by Canterbury Law Group

7 Parental Alienation Examples

7 Parental Alienation Examples

Parental alienation is the act of psychologically manipulating a child into fearing the other parent or expressing hostility towards them. Sadly, it happens too often in messy divorces and its impact, can not only be negative, but permanent. If you have reason to think the other parent of your child or children is committing parental alienation, the situation must be addressed. Read on to learn more about some of the signs of parental alienation.

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  • Emotions are directed at you. When the child has gone into an alliance with the parent committing the alienation, it may be that parent is exploiting a situation where the child or children are already angry and upset about the divorce. Are they refusing to visit? Have they become more standoffish or started acting more defensive towards the other parent? These may be signs of parental alienation.
  • Kids know inappropriate details. When the child or children seem to know inappropriate details about your divorce such as finances, abuse and infidelity – the parent committing the alienation should be made to realize these are not appropriate topics to discuss around the child or children.
  • Visitation is not being adhered to. When court-ordered visitation and parenting time is not being adhered to, it is often a sign parental alienation has taken or is taking place. Both parents are equally responsible for ensuring visitation happens as ordered by the courts.
  • Undermining your parental authority. When the parent committing the alienation deliberately undermines your authority as a parent to carry out your role. Both parents need to work to encourage obedience and respect for both sets of house rules.
  • Spying on the other parent. When the other parent utilizes the child or children to spy on the personal details of the other parent, it is possible they are doing so to cause mischief further down the line.
  • No Communication. If one parent cannot communicate in an effective manner to remind the other parent of a minor children event, they may be trying to isolate you from the life of the child or children.
  • Can’t bring property to your home. Sometimes parents will try to control whether or not the children can bring property they bought to your home or will seize the child’s cell phone because it was provided by the other parent.

Source: Group, DiPietro Law. “7 Signs Your Ex Is Engaging in Parental Alienation.” DiPietro Law Group, PLLC, 10 Feb. 2016, https://www.dipietropllc.com/blog/2016/february/7-signs-your-ex-is-engaging-in-parental-alienati/.

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]

Family Law, Parental alienaation
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How To Prove Parental Alienation in Court

How To Prove Parental Alienation in Court

At first glance, parental alienation may seem a very daunting prospect to have to prove in a family law case. However, it is very important to document, prove and stop parental alienation. One reason it is difficult is, there is no physical evidence and law enforcement does not play a part. Often social services can prove less than helpful if there is no empirical evidence for them to rely on. Parental alienation is damaging. It can have severe impacts on the child or children involved, as well as for the parent who has been alienated. Read on to learn more about parental alienation and how it can be proved.

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Step 1. Find Witnesses

The Mother and Father are the primary witnesses – but one is usually the culprit and the other – the victim. Children are also witnesses and can be subjected to alienation as well. Both these factors can assist in proving parental alienation to a court.  Children cannot generally appear in court for any reason or purpose and they certainly cannot testify.

Alienation may not be acknowledged or recognized by older teenagers if they have come to accept the alienation as the status quo – possibly impacting their ability to recognize the alienation as incorrect behavior. People mistakenly throw the term “brainwashed” around but there is no doubt when an older teenage child is strongly under the influence of a certain parent, it will mean looking at other avenues to prove parental alienation.

That said, teenagers can be very helpful when they have not yet been alienated, and their older age helps them to verbalize the state of the alienation in a way a younger child may not be able to. The older the teenager, the more likely (if they are not “brainwashed’) they are likely to explain the behavior and statements of their parents. However, every case must be taken on its individual merits and on the capability of those involved in giving testimony.

When it comes to dealing with a younger child or children (6 to 12 years), they may not have a full comprehension. Although, they may hear the words and see the actions of alienation – do they understand the what is happening, or understand the effects and consequences of such words and actions? It is a possibility by using ethical interviewing techniques that children can come to an understanding and may even expose the parental alienation.

Another route may be via a therapist who has had a consultation with the parents. In cases where the parents are undergoing joint marital therapy, the therapist may be compelled to testify when they have witnessed parental alienation or heard admissions of guilt from the offending party.

Some other potential witnesses may include:

  • Uncles
  • Nannies
  • Grandparents
  • Close friends
  • Brothers or sisters

When any of the above have spent a great deal of time with the child or children, they may be able to attest to the behavior and actions of the alienating parent, as well as what the child or children tell them. Admittedly, the last part is primarily hearsay, but if it is considered, it may help contribute to the evidence gathering process to prove parental alienation.

Step 2. Provide Documentation

Here are some methods you may be able to adopt to prove parental alienation:

Electronic communication can be of great benefit including text messaging and emails. In the case where a Dad hears the Mother disparaging him to their child or children, a text message can be utilized to document the statement and request an explanation from the Mother. However, the key is reliably consistent documentation of as many alienation attempts as possible as well as the reactions and behavior of the child or children. This can be valuable in a family court when the other party admits behaving in a manner to promote alienation. At the very least it shows the parent who is the victim is taking this seriously.

For the purposes of documentation, social media can be a useful ally when you need to prove parental alienation subject to certain hearsay objections by the other side when seeking to introduce social media exhibits into evidence at trial. In some cases, parents may mention conversations they have had with their child or children on social media platforms. And this may include very disparaging commentary regarding the other parents that is then accepted, and in some cases, repeated by the child or children. Even when there is not a direct link, if the children hold the same opinion, they must have heard the information from somewhere – demonstrating at some point, conversations where one parent disparages the other has taken place.

Although you need to check with an attorney as to the legality of this, a journal kept by a child may contain useful information. Remember children frequently talk with their friends through the same electronic channels’ parents utilize. If one child is telling a friend disparaging remarks about a parent, they had to have formed that view from hearing it or maybe reading it online.

Step 3. Parental Reunification Therapy

The purpose of this therapy is to reunite a child or children with one of their parents in situations where the child or children have been exposed and accepted the words of a parent who has tried to alienate the other parent. The ultimate purpose is the restoration of the child-parent relationship. It may be the case, once an attorney has examined the situation that a reunification therapist may be asked to testify. If it is lawful to do so, this has the potential to provide valuable evidence.

Step 4. – Take the Case To Court

In some cases, litigation is the only way a resolution is going to be obtained. Read on to learn more about the court process.

  • Make a good impression by the alienated parent and/or their lawyer.  It is vitally important the parent who has been the victim can communicate in a clear manner what has transpired and the impact it has had in great detail especially if you can do this when you first meet as it will give the other party a sense of how serious the matter us. Introductory communications should be attention-grabbing and put the other party into a defensive posture. In some circumstances, this may cause the alienation to cease. Undoubtedly, fear is a tool that has great value in these circumstances. Especially when the consequences of their continued behavior may result in the filing of what is known as a request for order – that may result in the loss of custody.
  • We have already covered the importance of gathering documented evidence in court, the lawyer of the parent who has been alienated can use the deposition from the alienating parent and confront the other parent showing the evidence of alienation. They can serve what is called written discovery, these are formal requests for certain information as well as the issuing of subpoenas for records and witnesses.  These are just a few of the many things that can be done. Your attorney will be able to advise on the best strategy for your situation.
  • When the victimized parent is not receiving reunification therapy with their child or children, this can be requested by the attorney. But in some cases, the child or children, especially when they are teenagers may refuse to so. Two options come to mind here, an attempt can be made to talk to the child or children directly or further court order can be sought against the parent imposing the alienation if they are the reason the child or the children will not go or are reluctant to do so. In this situation what is referred to as a minor’s appointed counsel may be of help – they are a lawyer for children.
  • A parent who is suffering from alienation must have what it takes to proceed with a court hearing if it is needed. No one thinks litigation is the ideal solution but following through the process and having the gumption to do so may be the only way to obtain justice and get your kids back in your life. In some circumstances, the only way alienation is going to stop is a court order that takes away the custody of the child or the children from the parent responsible for alienation. Generally, the damage to children is lesser and easier to fix the younger the child or children are.

Source: “How Do You Prove Parental Alienation?: Step by Step Guide.” Farzad Law, https://farzadlaw.com/child-custody/how-do-you-prove-parental-alienation.

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.  As proven trial lawyers in family court, you can trust the firm to vigorously represent you 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]

Family Law, Parental alienaation
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Regular Post
Written by Canterbury Law Group

What Does a Family Lawyer Do?

What Does a Family Lawyer Do

The legal profession of family lawyers primarily specialize in family law matters, handling legal issues involving family members, such as child custody, guardianship, divorce and many others. They can also take on the role of mediator when disagreements develop among a family. They also represent clients in courts regarding family conflicts. Read on to learn more about what a family lawyer does.

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Divorce Issues

Families often find the divorce process to be very draining from an emotional standpoint preventing families from being able to settle outstanding financial and custody issues in a calm manner. In these circumstances, family lawyers can bring a objective and rational approach to the situation that works within the confines of the law, potentially avoiding going to court and reaching settlement.

Estates And Wills

A will is of course a legal document where people express how they wish their assets to be managed following their death. Family law attorneys can assist in the preparation of a will and can ensure the estate is properly administered according to the wishes of the deceased.

Child Custody Agreements

The welfare of the children is one of the most difficult issues that has to be handled when a couple goes separate ways. Obviously, the couple needs to come to an arrangement for the welfare of their child or children. Child custody is defined by an agreement where both parents are obliged to adhere by the terms agreed upon and a family lawyer can assist in making up this very important document as well as making amendments to it if needed.

Prenuptial Agreements

A prenuptial agreement is in the form of a contract signed prior to a civil union or marriage by the couple. Although the contracts vary by couple, its purpose is to explain in advance what the spousal support and division of assets in the event of a divorce or a breakup. A family lawyer can help draft such an agreement as well as taking care of any matters that may arise from the contract according to law.

Representing Litigants In Court

Despite the situation any family attorney may be placed in, some matters may inevitably end up in court. However, family lawyers are still the best people possible when it comes to helping litigants receive justice. Almost every other day, family law attorneys face situations like this and they possess the practical experience and legal knowhow enabling litigants to sail through the complicated jungles of family law courts, making sure justice is accordingly served.

The Takeaway

The importance of family law attorneys should never be under rated. Their knowledge and experience help people to rationally settle matters concerning child custody, divorce, estate administration, prenuptial agreements as well as other legal issues, so their clients can then move on with their lives.

A Day In The Life Of A Family Lawyer

Working within a firm of practice, a family lawyer represents clients who are having problematic issues with divorce, the breakdown of civil partnerships or marriages, handling prenuptial agreements, inheritance and child maintenance among other issues. Every case involves an interview with the client before undertaking case research before presenting it in court.

Hours

Usually a family lawyer is in their office by 9am and their day usually ends between 6pm and 9pm, depending on their workload. Work related social events and seminars however often mean the lawyer is putting in longer hours.

Clients

On a normal day, a family lawyer will spend a great portion of their time speaking with their clients. This may include discussing ongoing cases and discussing strategy with clients as the case moves through the court system. The lawyer will of course conduct initial interviews with clients as well.

Office Work

Family lawyers can rack up a great deal of time in their office, splitting their time between answering correspondence as well as drafting communications and organizing their work. When a family lawyer has met with clients, the lawyer may have to dictate a declaration made by a client. Additionally, the lawyer may spend hours researching specifics regarding a case to assemble arguments they will present in court or at trial.

Court

Often the family lawyer will be in the court arguing the case for one of the clients in front of a judge. Before their court appearance the lawyer will have thoroughly prepped and outlined what they intend to say. Court proceedings can be very time intensive and often a lawyer will find their case has been moved to another day.

Sources

  1. “5 Things a Family Lawyer Can Do For You.” Lawyer Referral Service, 8 Nov. 2018, austinlrs.com/blog/5-things-a-family-lawyer-can-do-for-you/.
  2. “The Typical Day of a Family Lawyer.” Career Trend, careertrend.com/about-6619500-typical-day-family-lawyer.html.

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]

Family Law
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