You Want Me to Have No Contact With My Baby Daddy but We Do Have Kids

Tin a parent finish a kid from seeing the other parent? Is it proper practise so?

Find me two parents with a young child or children who are separating and you will likely find one parent asking these questions. Who asks this question? The parent whose parenting time is frustrated past the other parent.

What is the reply? The answer is usually no, a parent cannot terminate a child from seeing the other parent unless a court order states otherwise. This question often comes up in the post-obit situations.

1. The parents (whether married or single) are no longer together and the child resides with one of the parents. The parent with whom the child lives is limiting contact between the child and the other parent.
2. The parents accept an existing child custody and parenting time order. However, the child refuses to see one parent and the parent not seeing the child has reason to believe the other parent is encouraging this misbehavior.
3. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent'due south parenting time.

Let'southward get started.

P.S. If you like videos, we offering you ane to sentry below.

Exist serious near parenting. This is non a game. Complaining nigh the other parent keeping the kid from you may autumn on deafened ears if you are not capable, ready and willing to spend quality time with your kid.

Your Table of Contents for Topics We Comprehend

The following are the 3 main topics we encompass.

1. First, stopping a kid from seeing the other parent when there is no court gild.
2. 2d, stopping a kid from seeing the other parent when a parent claims it is the "kid'due south pick."
3. 3rd and finally, stopping a child from seeing the other parent in violation of a court order.

Click on each image to jump ahead.

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Can a parent stop a child from seeing the other parent when there are no court orders?

We call this gate-keeping, and ii types fit what we write about in this article.

Protective gate-keeping

Parents who have reasonable concerns about the other parent may engage in protective gate-keeping.

1. They do stop a child from seeing the other parent but not because of nefarious reasons.
2. They do so because of reasonable concerns grounded in facts.

The fundamental to this is the facts.

A parent without a court social club technically cannot stop a child from seeing the other parent. He or she may nevertheless have concerns regarding the post-obit.

1. Substance abuse,
2. Lack of acrimony management (particularly if information technology amounts to abuse), and
3. Lack of parenting skills.

A parent who without reasonable justification stops a child from seeing the other parent often does so due to his or her ain immaturity or nefarious intent. The gatekeeping results from the restrictive parent'due south obsession with command or simply unresolved acrimony confronting the other parent.

There is no perfect parent standard

What if the female parent believes the father does non take her level of parenting skills? However, the begetter is otherwise capable of caring for the kid without endangering the child. Is the mother'south basis to stop a child from seeing the other parent unjustified? Yep, it is.

Through our all-encompassing experience in child custody cases, we could probably give you over 50 examples of justified, protective gate-keeping and 50 more than that were not.

Justification withal notwithstanding does not give a parent a legal basis to stop the kid from seeing the other parent. The concerned parent should immediately seek appropriate child custody and visitation orders and bring his or her concerns to the court's attention.

The parent whose contact is unreasonably prevented or limited should not stand up idly by and do nothing. If he or she does goose egg, the parent may institute a status quo. The status quo may make it more than difficult for the court to change it in the curt term.

That parent should too seek immediate child custody and visitation orders.

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 normally scorned about the breakup and seeks his or her revenge by using a child as leverage to hurt the other parent.

This type of restrictive parent may also brand imitation allegations of abuse or neglect against the other parent.

1. Restrictive gate-keepers are not necessarily terrible parents.
2. Despite their parenting skills, they have little respect for the other parent's role in the kid's life.

Such parents engage in disparagement of the other parent or the other parent's family unit or friends to the child.

1. Sometimes they exercise this direct to the kid.
2. Sometimes they ensure the child sees or overhears communication intended to disparage.
3. They rarely co-parent without unreasonable conditions that satisfy their need for control.

Grandparents will sometimes become co-conspirators in the restrictive gate-keeping

We usually see such parents defer to their parents (the kid'due south grandparents) for help with the gate-keeping. The grandmother or gramps so becomes a gate-keeping vehicle that assists the alienating parent throughout the process.

When a restrictive parent stops the child from seeing the other parent, court activity becomes urgent. A gate-keeper is non a parent who reasonably believes they should limit contact. He or she is a parent who is oftentimes intent on destroying the other parent'south relationship with the child.

1. If the other parent does not take firsthand courtroom action, that parent empowers the restrictive parent to continue.
2. The inaction ofttimes results in the bond betwixt the other parent and the child to intermission.

This happens because the other parent spends limited or no time with his or her child.

When confronted with the restrictive gate-keeper, seeking joint custody is sometimes a mistake

Setting forth the restrictive gate-keeper's misconduct may justify request the courtroom for master or fifty-fifty sole custody. Until the restrictive parent shows a willingness to co-parent and become reasonable, this may be the but reasonable pick.

If the court does non grant your request, you will take at least prepare a precedent for it. Therefore, if you revisit it later on, you may remind the court this was the concern you lot shared earlier, and it remains a concern.

All of this assumes you are the parent with the necessary parenting skills. Information technology too assumes you have the time to dedicate to the kid's intendance.

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Can a parent stop a child from seeing the other parent by claiming information technology is the kid's choice?

This role of the article is not about a situation where a child does not want to see the other parent for legitimate reasons. Such reasons include abuse or astringent neglect. Instead, we write about those situations where a parent improperly influenced the child not to run across the other parent.

To empathise how and why this happens, a parent must empathise parental alienation. Parental alienation is a mutual tactic past 1 parent who intends to significantly harm and even destroy the other parent'southward relationship with the child. From our article titled "What is Parental Breach and What Tin You Do Virtually it?" (linked below), here is our definition.

"Alienation, by definition, means to isolate one thing from another. In the case of parental alienation, information technology means steps (oftentimes 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 partition, estrangement and fifty-fifty hostility between the victimized parent and child."

There is little a parent can practise to terminate the breach absent a court club. The way to end it is for 1 of the post-obit to occur.

1. The alienating parent voluntarily changes his or her behavior, which rarely happens, or
2. The victimized parent obtains a court order that takes custody away from the alienating parent.

Nosotros encourage you to read our manufactures on parental alienation as it volition provide you with a proper strategy on how to document the misconduct. It volition too teach you how to seek appropriate courtroom orders to put an end to it.

We are skeptical of the "child's selection" claim some parents brand. If the parent who is non seeing the kid caused significant harm to the parent-child relationship, then a approximate may see the kid's option as one that has evidentiary support.

Nevertheless, absent that, there has to be some other explanation and it is often parental alienation and interference with the parent-child human relationship.

Children but do non, without a specific explanation, end caring for and desiring to spend time with a parent. That effect has causes.

Can a parent stop a child from seeing the other parent by refusing to follow a court society?

The brusque answer is no; a parent cannot lawfully finish the child from seeing the other parent in such a circumstance.

1. Court orders are non suggestions.
2. They straight parents to comply with them.
3. A parent who refuses to comply with a child custody order and stops a kid from seeing the other parent violates the court order.

Equally I write this commodity, our law firm just won a contempt activity, and the guess plant the mother guilty of over xx counts of antipathy for her failure to abide by a kid custody order.

Such action must be the measure out of resolve by a parent who does not see his or her child equally a effect of the other parent's violations of an lodge.

To read more about contempt, check out our informative guide about family law contempt actions.

Are in that location situations a parent, despite a court order, should stop a kid from seeing the other parent?

If there is kid corruption or other conduct by the other parent that endangers the child's health or safety, a parent may take lawful steps to prevent the visitation.

However, absent-minded extreme circumstances, a parent usually has the pick of contacting the proper authorities including the police or child protective services. Also, if at that place is an immediate threat of harm to the child, a parent may seek emergency child custody relief.

To learn more than near emergency court orders, read our commodity titled, Ex Parte Divorce and Ex Parte Custody Orders Are Nigh Real Emergencies

Contact united states for an affordable strategy session

Our attorneys practise not have patience with a parent who unjustifiably interferes with the parent's parent-child relationship. Some of these malicious, interfering parents know they have no grounds to seek court orders to restrict or eliminate parenting fourth dimension then they appoint in cocky help. They count on the fact the victimized parent will non human activity.

Unfortunately, many times, the malicious parent is correct. Too many fathers and mothers exercise not take these issues seriously enough and lose out on quality fourth dimension with their children.

It takes courage to take action.

Through that courage and action, you tin can cease a parent's unlawful or improper interference.

When you have the courage, what exercise you exercise? Yous contact us.

There is no substitute for legal advice from and representation by an experienced California family police attorney.

We believe good men and women deserve bang-up family unit law representation. Contact u.s.a. for an affordable strategy session.

Strategy sessions are designed for the serious parent. We know how important your children are to you. Their wellness, safety and best interests are our priority.

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Source: https://farzadlaw.com/can-parent-stop-child-seeing-other-parent

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