Janet McCullar - Child Custody and Parental Alienation

Who has to be aware of the parental alienation laws? Everyone! Even though there aren't many laws protecting against parental alienation in the United States, divorce and custody courts will nonetheless consider this.

You can demonstrate that your children are being harmed by parental alienation and contribute to their safety by acting legally and responsibly. You can safeguard yourself from the potential impacts of parental alienation by taking these actions and learning about the relevant legal requirements.

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Parental alienation: What is it?

Parental alienation occurs when a child's perception of one parent is negatively influenced by the other. If successful, this type of manipulation can have a negative impact on your children's emotional and mental health as well as alter how they feel about the parent who has alienated them. Custody and visiting rights may also be impacted by it.

Parental alienation occurs when one parent uses the children's statements and desires against the other in an effort to acquire custody of the children during a divorce or change the existing custody arrangement.

Learn about laws governing parental rights and parental alienation

Each parent has the right to see their children prior to a divorce or custody dispute. However, if one parent is violent, has a criminal record, or poses any other form of risk, this could alter. Depending on how irate the parents are with one another, a judge or the parents will make a plan during custody hearings or court cases.

When one parent works to prevent the child from getting along with the other parent, it is known as parental alienation. There are numerous methods for this to occur, including:

• The children of the estranged parent might testify against them in court. Children who have grown apart from a parent are frequently made to harbor negative thoughts toward that parent. They might make negative comments about that parent in court, which would make it challenging for that parent to regain custody.

• It can be damaging to a parent's reputation or character to smear or tell lies about a parent who isn't getting along with their child. Parental alienation typically occurs when one parent spreads misinformation to their kids about the other parent. The alienated parent's reputation could suffer and it might be more difficult for them to obtain custody if these information are brought up in court or if the kids who were impacted by the parent confirm them.

• The youngsters can end up in a risky scenario if they aren't being supervised. Even though it may be the reverse, a parent may win custody if they attempt to put a wedge between their kids and the other parent by persuading them that they are safe with one but not the other. Unfortunately, this may put the children in risk, particularly if the parent with custody mistreats them or abuses drugs or alcohol.

Parental alienation is illegal in other nations because it endangers the wellbeing of children. Even while parental alienation is currently illegal in the United States, this does not mean that courts never consider it.

Parental Alienation Lawsuits and Proceedings

You'll need a lot of evidence from the aforementioned techniques to demonstrate that parental alienation is a problem because there aren't many or any laws against it. And throughout a meeting or trial, you should constantly maintain composure and show respect.

Work with your attorney to demonstrate to the court the extent of the alienation, how it affects your children (and, consequently, your relationship with them), and the supporting documentation you have. In your custody dispute, parental alienation will undoubtedly come up if you have enough evidence and are organized.

Are you a mother or a lawyer thinking about sharing physical custody of your children? Two parents who share physical custody of their children share equal legal rights and responsibilities for raising their children. Both benefits, such as better ties with both parents, and drawbacks, such as potential scheduling disturbance owing to competing household commitments, come with sharing this level of parenting.

This blog post will cover all aspects of joint physical custody, including what it means legally, who can use it, and typical problems that can occur when adopting this parenting approach. Learn more by reading on!

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What Situations Require Joint Physical Custody?

Joint physical custody is beneficial if:

• Parents concur that it is beneficial for their child.

• Together, parents can make judgments and work together reasonably well.

• It is logistically possible for parents to share an arrangement since they live close to one another.

• Both parents want to play a significant role in raising their kids.

• No instances of kidnapping, domestic violence, or mistreatment of children have been reported.

Joint physical custody can work with almost any parenting schedule. If your child must live with one parent only, you can give the other parent more time by scheduling visits during the week, on longer weekends, over longer holiday breaks, and during school vacations. By phone, email, text message, attending the child's events and activities, and other means, the other parent can also communicate with the child.

When both parents take an active role in their children's life, they frequently do well. If you and the other parent can work out joint physical custody, it will be in your child's best interests.

What Benefits Can Joint Physical Custody Offer?

The fact that a kid is raised under the influence of both parents is one of the main benefits of joint physical custody. Parents who share legal custody make decisions for their child's future together and are heavily involved in their upbringing.

Some divorced parents can connect over a child. Joint custody agreements can help parents become more cooperative parents and have happier marriages. A split custody agreement also takes the pressure off one parent. When parents split custody, it relieves both of their stress and obligation. Dual custody divides the load of raising a child and making important decisions on one's own.

What Consequences May Joint Physical Custody Have?

Is joint physical custody advantageous to the child? ask some parents. How challenging it is for kids to go from one parent's home to the other is one of the biggest disadvantages of shared custody. Some kids find it challenging to get used to the back and forth of joint custody. Small children who demand regularity may find it particularly challenging.

Not every divorced marriage calls for joint custody of the children. Joint custody may increase the amount of issues that parents must manage for some couples. A child's needs may frequently be overlooked when there is joint child custody, which is unfortunate. Parents who work together can assess the advantages and disadvantages of a 50/50 parenting arrangement because shared custody includes joint responsibilities.

Conclusion

Before making a choice, it is important to weigh the benefits and drawbacks of joint physical custody. The ability for both parents to participate actively in their child's life and offer support when necessary is one advantage. The child's social and academic life may frequently be disrupted by this type of setup, which is a drawback. Prior to completing a custody arrangement, it is crucial to analyze all relevant factors. Together, let's denounce moral actions like choosing one parent above the other and seek ways that lessen the harm done to kids who find themselves in such predicaments.

How may an urgent custody order be overturned? Families must respond quickly when necessary when it comes to safeguarding a child's wellbeing. Sadly, this implies that in dire situations, emergency custody orders may need to be made without enough time for due process or family operations.

Although protecting the minor's safety is the main priority, their legal rights must also be respected. People have options and can work with courts and attorneys to have emergency custody orders that were improperly granted be overturned.

This blog article will outline the resources available to persons dealing with these disputes and explain how such an action can be done in a legal manner. For information about how to reverse an urgent custody order, continue reading.

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What Is an Emergency Custody Order?

We should first look at what an emergency custody order is before discussing how to reverse one.

A court issues an emergency custody order when it determines that the kid's current parent or guardian cannot care for the child adequately. In such circumstances, Child Protective Services (CPS) will intervene to take over formal guardianship of the kid after the original caregiver's custodial rights are seized.

When a kid is subjected to domestic violence, substance abuse, or any other type of criminal conduct, the court system may issue an emergency custody order to protect them from future harm.

Child Protective Services (CPS) must compile proof that the kid would be at risk if permitted to remain in their current environment in order to guarantee the safety of your cherished family member. The judge will then eventually decide whether or not an Emergency Custody Order should be issued, ensuring your relative's vital protection.

Why Would a Court Issue a Custody Order in an Emergency?

When a child is in danger, CPS is authorized to remove them from their home and place them in protective custody. Authorities may also legally withdraw parental rights if parents or guardians are unable to provide adequate care due to mental health disorders or drug problems.

A judge must first formally approve an emergency custody order before CPS or law enforcement can lawfully remove a child from their home.

To hasten the legal procedure and support the removal of a juvenile, a court order is used. When the petitioner provides enough proof, a judge may even issue an emergency custody order without removing the child from their home, which in certain circumstances can be viewed as fair justification.

How to Disapply for Emergency Custody

1. Hire a family lawyer right away.

It is crucial to get in touch with legal counsel as soon as possible after being served to discover how to challenge an emergency custody order. The better your chances are of successfully voiding the order, the earlier you retain counsel.

Before making any judgments, don't forget to perform a thorough search and speak with several attorneys; ask each candidate for references and for a retainer agreement that specifically specifies the services they will be providing.

2. Confirm that the emergency contact is you.

Make sure your name is posted as an emergency contact so that you are always aware of and up-to-date on your child's health. Without it, any medical information about their hospitalization will probably be kept from you, and emergency personnel won't notify you if they are ever involved in a worrying situation. Get on the list right away to ensure you don't miss out!

3. Keep a log of your interactions with your child.

In order to reverse an emergency custody order, make sure you keep a record of every moment you spend with your child. Everything should be documented, including meals, activities, outings to school, and lunch dates. By keeping detailed records, it will be easier to understand what is going on in their life and how much time they spend with each parent.

Make sure this is properly documented if you are going with your child to the doctor. It is crucial to keep track of the time spent with your children, even if permanent custody has not yet been granted, to show the court that you genuinely care about them and are involved in their lives. By doing this, you can show the court that there is no justification for denying you long-term guardianship.

4. Seek advice from psychiatrists or therapists

Don't object if an urgent order is given to you requiring therapy or medical appointments. Instead, go out and find a psychologist or therapist who can support your case with solid evidence and assist you in overturning the interim custody decision.

Conclusion

The good news is that, with the proper procedures and supporting documentation, it is quite feasible to reverse an emergency custody order. In order to show how your environment would be better for your child, file a motion to overturn the current arrangement. You could also want to try to work out a compromise with your ex-partner over interim custody arrangements.

Consider suspending the emergency order until a formal request to reverse it has been filed if you can demonstrate that your child is in danger in their present living situation. In any situation, it's best to speak with a knowledgeable lawyer before filing a lawsuit to increase your chances of winning back custody of your child.