If one parent is granted sole physical
custody against the other parent's wishes, the other parent may be granted visitation time or parenting time with the child.
Not exact matches
They fight over who is going to have
custody, they use the kids as weapons in a war of words, and they do their best to poison their children's minds
against the
other parent.
The biggest problem with
custody is many custodial
parents use the kids as a tool to be used
against the
other parent.
People who use kids
against the
other parent have huge issues, and should probably not have
custody of their children, they should be the ones with visitation and not
custody.
Therefore, in a joint
custody arrangement, it is important to present a unified front with children as it will not be good for a child to believe he / she can use one
parent against the
other.
Reasons cited for opposition include that divided
custody is destructive of discipline, Maron v. Maron, 238 Iowa 587, 590 - 91, 28 N.W. 2d 17, 19 (1947); that it tends to induce a feeling of not belonging to either
parent, Huston v. Huston, 255 Iowa 543, 552 - 53, 122 N.W. 2d 892, 898 (1963); and that in some instances it permits one
parent to sow seeds of discontent concerning the
other, which can result in a spirit of dissatisfaction in the children and their rebellion
against authority, Bennett v. Bennett, 200 Iowa 415, 418, 203 N.W. 26, 27 (1925).
If a
parent fails to comply with the provisions of a
custody or visitation order and the
other parent wants the court to enforce those provisions, the
parent must file a court action
against the
other parent.
In extreme cases,
parenting time interference can be a felony crime and malicious or alienating acts by one
parent against the
other can lead to changes in
custody and
parenting time agreements.
Ken, it's child
custody I was talking about, where we don't speak of
parents as having rights
against each
other.
If there are accusations about domestic violence in a child
custody case, the judge has to hold an «evidentiary hearing» (a trial before a judge without a jury) to decide whether a
parent has engaged in one or more acts of domestic violence
against the
other parent, the child, or another family or household member.
Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive
parent has a history of committing domestic violence
against the
other parent, a child, or even a domestic living partner, the abusive
parent must not be awarded sole legal
custody, sole physical
custody, joint legal
custody, or joint physical
custody.
In
custody or
parenting time litigation, often the mother will make multiple allegations
against the father for not being sufficiently involved in the lives of the children or harming them one way or the
other.
Child
custody disputes do not require a trial, but in some cases, especially following a contentious divorce or after serious allegations are levied by one
parent against the
other, the parties may not be able to resolve child
custody disputes without a trial.
Additionally, some people attempt to use their mobility to have their
custody cases heard in a jurisdiction with more favorable laws or even to move their children to a new location
against the
other parent's will.
One
parent actively seeking to turn the children
against the
other in a
custody fight is called parental alienation.
It is well documented and proven that long drawn out
custody battles that pits
parents and children
against each
other causes permanent damage, emotional damage (parental alienation), and behavioral problems like drug use, smoking, early pregnancy, dropping out of school; and long - term health problems like depression, anxiety, and suicide.
For example, a
parent who has been convicted of domestic violence may be denied
custody, whether the violence was perpetrated
against the child's
other parent, the child herself, her siblings, or even another family.
Parents who are falsely accused of child abuse may want to consider monetary sanctions
against the
other parent as well as primary
custody and even sole legal
custody.
Frequent violation of
custody agreements, or attempts to keep the child away from the
other parent during
custody proceedings, may be used
against a
parent at trial.
Parental alienation is when one hostile
parent attempts to unduly influence the minds and the feelings of the children
against the
other parent in order to win child
custody, destroy the relationship between the targeted
parent and children, or both.
Where a
parent who has been accused of domestic violence
against the
other parent or the child is granted primary
custody of the child
In California, if a
parent has a history of domestic violence
against the child's
other parent, the child, or the child's siblings, the court would prefer not to grant
custody to that
parent.
Since the constructs of narcissistic and borderline personality disorders and cross-generational coalitions of the child with one
parent against the
other parent are established psychological constructs about which ALL mental health professionals working with children and families should be familiar, for ANY mental health therapist or child
custody evaluator to miss making the diagnosis of the child's cross-generational coalition involving a narcissistic / (borderline)
parent that is targeted
against a normal - range and affectionally available
parent is simply unacceptable and represents professional incompetence.
Custody disputes should not be used as a tool for vindication
against the
other parent or as a bargaining chip to force
other concessions.
Parental alienation syndrome (PAS), a term coined by Richard A. Gardner in the 1980s, describes a condition — usually generated in the context of divorce or child
custody disputes — in which a
parent creates an alliance with their child
against the
other (non-abusive, nurturing, protective)
parent.
Therefore, in a joint
custody arrangement, it is important to present a unified front with children as it will not be good for a child to believe he / she can use one
parent against the
other.
Shared
parenting assumes that both
parents will be awarded joint
custody, unless
other factors (proven abuse or domestic violence) weigh
against it.
Evidence of abuse by a party
against: the
other parent of the party's child; the party's spouse; or any child residing within the party's household (including a child
other than the child who is the subject of the
custody or visitation proceeding) may be considered as a factor bearing on the welfare and best interests of the child.
Children tend to use
parents against each
other during a lengthy
custody proceeding.