why would an attorney direct a mother not to let father see the kids

The mother would need to prove to the court that the father is somehow unfit as a parent, or that his involvement is not in the child’s best interest. Depending on the specific child custody order, the mother has no right to remove visitation rights from the child’s father without court interference.

Full Answer

Can a mother stop a father from seeing his child?

 · If you had a parenting plan and the mother decided that she would not allow the father to have his court ordered residential time because she wanted money, she would be in contempt of court. You need to get the parenting plan entered. Period. I would suggest that you contact a family law attorney and get a 30 minute free consultation.

Do custody laws favor the mother over the father?

Can a Mother Prevent a Father From Seeing His Child? Yes, but not without reason. The mother would need to prove to the court that the father is somehow unfit as a parent, or that his involvement is not in the child’s best interest. Depending on the specific child custody order, the mother has no right to remove visitation rights from the child’s father without court interference.

Can a mother take a child if there is no court order?

 · Best Answer. Copy. If he has partial or shared custody, or if he has been granted visitation rights, she is breaking the law. He should consult …

Can a lawyer help a parent fight against parental alienation?

 · 1. Talk to your partner 2. Get help from a family law professional 3. Go to court to enforce your order 4. Go to court to change your agreement or order. As of March 1, 2021, the term has changed to. decision-making responsibility. . And in …

What can you do if your ex won't let you see your child?

Here is what you can do:Get the court order indicating that you are supposed to be with the minor at that time.Call the police to write a “visitation interference” report.Inform a child visitation attorney in Orange County, CA, that you were denied visitation.

What is malicious mother syndrome?

When this syndrome occurs, a divorced or divorcing parent seeks to punish the other parent, sometimes going far enough as to harm or deprive their children in order to make the other parent look bad. Though most commonly called malicious mother syndrome, both mothers and fathers can be capable of such actions.

Can a mother keep her child from the father for no reason?

Given the fact that a father can lose custody, people often wonder if a mother can legally keep her child away from the father. The short answer to this question is that without a court order, a mother alone cannot legally keep the child away from the father.

How do you prove a narcissistic mother is in court?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•

What is narcissistic parental alienation?

Narcissistic Parental Alienation syndrome refers to the process of psychological manipulation of a child by a parent to show fear, disrespect, or hostility towards the other parent. Very often, the child can't provide logical reasoning for the difference in their behaviour towards both parents.

Can a mother take a child away from the father?

A mother may only restrict or remove a father's rights who has parental responsibility if the child is in danger of physical or psychological danger. In such a situation a mother can do what is necessary to protect the child.

Does a mother have more rights than the father?

However, it remains a common misconception that mothers have more rights than fathers. In fact, if each parent has parental responsibility for a child, their rights and responsibilities are equal.

When can you deny visitation to the non custodial parent?

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.

Will An Unmarried Mother Get Sole Custody?

In some states, an unmarried mother is assumed to have sole custody of her child. However, if an unmarried father has established paternity, he can...

Does Breastfeeding Impact Child Custody?

Some states (including Maine and Michigan) consider the benefits of breastfeeding an infant when awarding custody. But, breastfeeding is typically...

Does The Mother Have Any Obligations With Regards to Child Custody?

It is always in your best interest to maintain a polite and cooperative relationship with your child’s other parent. Any open hostility may hurt yo...

Can Court Custody Orders Be Changed Or Modified?

Courts will modify custody orders when there has been a significant change in circumstances. This may include: 1. A parent’s violations of the cust...

Do I Need A Lawyer For Mother’S Rights in Child Custody?

For most parents, child custody is vitally important. If you are facing a child custody battle, hiring an experienced child custody lawyer is proba...

Can a mother refuse visitation?

No , the mother cannot simply refuse visitation unless there is a court order saying that she can. Visitation and child support are two completely separate issues--there's no pay to play. The duty to support a child/children is a legal obligation of the parents, having a relationship with both parents is a right of the child that cannot be denied simply because support is not being paid. A custodial parent's failure to...

Is child support a legal obligation?

The duty to support a child/children is a legal obligation of the parents, having a relationship with both parents is a right of the child that cannot be denied simply because support is not being paid.

What to do if my wife violates a visitation order?

You will need a court order setting strict visitation days and hours. If she violates the order you can bring contempt of court charges against her. A family law attorney will help.

What are the rights of a mother?

As the primary caretaker of the child, the mother has complete legal authority to make all decisions regarding their child’s welfare. Some examples include: 1 The right to decide who is allowed to see their child, and for how long; 2 The right to decide where the child lives; 3 The right to enroll the child into any school of their choosing; 4 The right to make the child’s medical decisions, assuming it is in the child’s best interest; 5 The right to receive public benefits for their child, such as food assistance; and 6 The right to decide extracurricular activities, religious affiliation, travel, etc..

What is a child custody lawyer?

An experienced child custody lawyer will ensure that you understand your rights as a parent, as well as your state’s laws on child custody. Additionally, they will help you build your case for child custody, prepare for any hearings, as well as represent you in court as needed.

What is the difference between legal and physical custody?

It is important to understand the difference between physical and legal custody. Physical custody refers to the time you physically spend with your child. When you have physical custody of your child, you are responsible for making basic, day-to-day parenting decisions. Legal custody involves your right to make important decisions for your child, ...

What is legal custody?

Legal custody involves your right to make important decisions for your child, such as those involving education, healthcare, religion, etc. Although one parent may have primary physical custody, both parents typically share joint legal custody.

Do both parents have custody?

Although one parent may have primary physical custody, both parents typically share joint legal custody. When determining the mother’s rights to child custody, the court will first consider whether or not the child was born out of wedlock. Custody rules that apply to unmarried parents often vary based on jurisdiction.

Can a child be born out of wedlock?

If the child was indeed born out of wedlock, establishing parental rights can make the process of establishing child custody much more complicated. By law, custody of the child is automatically granted to the unwed mother. However, there are instances in which this is not in the child’s best interest, in which case the unwed, ...

What are some examples of child rights?

Some examples include: The right to decide who is allowed to see their child, and for how long; The right to decide where the child lives; The right to enroll the child into any school of their choosing; The right to make the child’s medical decisions, assuming it is in the child’s best interest;

Is family law stressful?

Family law issues are almost always stressful. Most people want the best for their children, but when emotions get involved, even people who care about each other will often hurt each other. At Burggraff Tash Levy PLC, we understand how difficult it is when you are dealing with such an important issue.

What happens when one parent alienates the other?

Parental alienation can also occur in other ways, such as when one parent says negative things about the other in an attempt to be the favorite parent or to otherwise keep the child from having a good relationship with that parent.

Why do children want their parents to stay together?

While we believe most children hope their parents stay together because they love both parents and want to be with both of them, if parents are in disagreement and constant conflict, that causes extra stress for the children. One of the most painful things for children is when one parent tries to keep them from the other.

Why is it important to establish paternity?

Typically, it is important to establish paternity, child support, and custody as soon as possible in a child’s life , not just for financial reasons but to ensure the stability of the child. If something happens to the mother, and the father has not established paternity, the courts will have to figure out who will take care ...

How to establish paternity in Arizona?

Establishing paternity is just the first step in asserting your legal rights as a father. Unmarried parents can make sure the father establishes paternity early and gets his name on the birth certificate and sign a voluntary acknowledgment of paternity to avoid later problems. Another way to establish paternity in Arizona is to get a court order, ...

What is legal custody in Arizona?

In Arizona, “legal custody” is called Legal Decision-Making Authority. This refers to the parents ability to make educational, medical, religious, and personal care decisions for the child. Parent’s exercise either, joint legal decision-making, joint legal decision-making with one parent having final say decision-making authority, ...

What does it mean when a parent alienates a child?

In the case of parental alienation, it means steps (often planned and malicious ones) a parent takes to isolate the child or children from the other parent through words and conduct and to create a division, estrangement and even hostility between the victimized parent and child.". There is little a parent can do to stop ...

What is restrictive gate keeper?

What is a restrictive gate-keeper? A restrictive gate-keeper is a parent who without justification prevents the child from seeing the other parent. The parent is usually scorned about the breakup and seeks his or her revenge by using a child as leverage to hurt the other parent.

What is a gate keeper?

A gate-keeper is not a parent who reasonably believes they should limit contact.

What does it mean when a parent alienates a child?

In the case of parental alienation, it means steps (often planned and malicious ones) a parent takes to isolate the child or children from the other parent through words and conduct and to create a division, estrangement and even hostility between the victimized parent and child.

How to alienate a child?

Parental substitution, like other forms of alienation, takes place in many ways. The most common are: 1 Telling a child to call the alienating parent's significant other "Dad" or "Mom", depending on which parent is doing the alienating. 2 Allowing the belief that the child has two dads or two moms to become ingrained in this child. This is done by using others (including the supposed second father or mother) to perpetuate this influence on the child. 3 Allowing the non-parent to take on parental roles and functions in various aspects of the child's life. This includes socialization, activities, education, discipline, etc. 4 Persuading the child that the substitute parent has a greater love for the child than the biological parent.

What is parental alienation?

Parental alienation occurs when one parent undermines the authority of the other. In an ideal custodial arrangement, the parents (though living separate and apart), are a united front when it comes to the children's education, safety, welfare and activities.

What is the meaning of "parentification"?

The alienating parent places the child into a position (and influences the child as a result) of making decisions the child does not have the age or maturity to make. These aren't just every day decisions but those that are set to undermine or alienate the other parent.

Do grandparents have custody in California?

Under certain situations, Grandparents even have custody rights in California. Back to improper parental substitution, let me give you an example. Let's say a mother with the aid of her boyfriend has influenced the child (a son or daughter) to believe he has two dads - her boyfriend and the boy's biological father.

What is false allegations?

False allegations are intended to gain more custody time. For example, a finding of domestic violence creates a rebuttable presumption in the law that the parent found to have committed the domestic violence should not have joint legal and physical custody.

What is a disparagement?

Disparagement is negative comments about the other parent . It is not limited to direct parent to child comments. Disparagement can come in the following forms: Parent to child comments that insult, scorn or otherwise speak negatively of the other parent.

What happens when one parent goes out of his or her way to hurt the other?

When one parent goes out of his or her way to hurt the other, great strain can be put on both the harmed parent and their relationship with the child. In some cases, a parent who is repeatedly subjected to malicious acts by their ex-spouse may withdraw from their child's life in order to avoid further conflict. A malicious parent may also successfully manipulate a child, resulting in them disliking and wanting to spend less time with the other parent.

Why do parents withdraw from their children?

In some cases, a parent who is repeatedly subjected to malicious acts by their ex-spouse may withdraw from their child's life in order to avoid further conflict. A malicious parent may also successfully manipulate a child, resulting in them disliking and wanting to spend less time with the other parent.

What is malicious parent syndrome?

What is 'Malicious Parent Syndrome'? Divorce and custody proceedings are often high-stress, contentious events that can cause extreme behavior on the part of those involved. Some cases have resulted in situations tied to what was often called "malicious mother syndrome" but is now referred to as "malicious parent syndrome.".

How does parental alienation affect children?

Others: Some other effects of parental alienation on children could be self-destructing behavior, panic attacks, poor relationships, social identity issues, diminished activity, memory loss, and regressive behavior. You can use mediation to sort the issue with your spouse or go legally to protect your child.

How to identify parental alienation?

Some courts may use a checklist to identify the behavior of a child and to relate it with parental alienation. The standard checklist includes: 1 Bad-mouthing about the other parent 2 Lying to the child that the other parent no more loves them 3 Expressing anger or withdrawing love to pull the child away from the other parent 4 Making the child dependent and creating a distance between them and the alienated parent 5 Limiting contact of the child with the alienated parent 6 Pressurizing or forcing the child to pick one of the two parents 7 Brainwashing the child that the other parent could be dangerous 8 Not allowing the other parent to visit the child 9 Making the child check on or spy on the parent 10 Changing the child’s name so that there’s no association with the other parent 11 Hiding the information of a child with the alienated parent 12 Making the child call or meet a step-parent 13 Telling their child not to call the other parent as ‘mom’ or ‘dad,’ and instead, asking them to call by their name 14 Creating fear in the child about the court, trial, and litigation procedures 15 Interfering between the child and parent’s communication 16 Limiting the pictures of the child with the other parent

What does it mean when a child is rude?

The child may talk wrongly about you in front of others, say, teachers or friends. It could be regarded as spreading animosity.

What is parental alienation syndrome?

Dr. Richard Gardner, a psychiatrist, coined the word parental alienation syndrome in 1985, which describes the effect or outcome of alienation on the child (1).

Who coined the term "parental alienation"?

Richard Gardner , a psychiatrist, coined the word parental alienation syndrome in 1985, which describes the effect or outcome of alienation on the child (1). Parental alienation is not considered a mental illness by the Diagnostic Statistical Manual of Mental Disorders (DSM).

Is parental alienation a mental illness?

Parental alienation is not considered a mental illness by the Diagnostic Statistical Manual of Mental Disorders (DSM). But, the ‘child affected by parental relationship distress’ or CAPRD is included in the DSM. CAPRD is a relationship problem between the child and the parent.

What are the effects of alienation?

Effects Of Parental Alienation. Children require love and affection from both parents. When one parent alienates the child from another parent, the child is disturbed and may have psychological problems (3) (4). Anxiety and depression: It could be confusing for a child to assess what is right and what is wrong.