Divorces do happen. Wife has custody. There is parenting time for both parents. This parent can have it this week, with the other parent getting it the next week. The co-parent may occasionally consent to a swap because the other parent has plans. Some parents purposefully plan activities that interfere with the other parent’s parenting time. What to do when the other parent schedules things on your parenting time?
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When the child should be with the other parent, one parent will plan a trip to Disneyland. Sometimes the parent may explain to the child that it is the other parent’s time and the child is not allowed to go. This is bad faith on the part of the parent. It is evil. It is dreadful. Both the child and the other parent will feel disrespected by it. The child feels terrible, and the parenting schedule is ruined. Contact your attorney and submit a motion. You can hold the other parent in contempt for acting in such a despicable manner.
Why do parents and children need parenting time?
According to Michigan’s laws, children ought to have good relationships with both parents. The court takes the child’s best interests into account when granting custody. The state established “best interests” as a collection of criteria by statute. Each parent must have the willingness to help an enduring parent-child relationship. This strong tie between the child and the parent is one of the deciding considerations. Interfering with parenting time is in direct conflict with the child’s best interests.
Ties between parents and children are disproportionately protected by Michigan courts. The court will frequently order that the children spend more time with one parent than the other. The court uses the terms “shared physical custody” or “primary physical custody.” One parent has more parenting time. The term is used in the court order to describe this arrangement.
Divorce is difficult not just for the spouses involved. It can have a very negative impact on the children too. Children are a big cause for contention during the divorce process. This is besides property division. Feelings can run high during the divorce and custody battle. The parents involved should keep the children’s best interests in mind. The development of children depends on parental time. Children get the chance to interact with both parents and develop bonds with them. Both parents are able to see their children. Parents learn about their children’s actions, abilities, and shortcomings. They are present in their lives. This enables the parents to mentor them based on their individual needs.
You can be making hotcakes or engaging in in-depth discussions about views and values. It is crucial for parents to spend quality time with their children. These interactions keep a positive relationship. Spending time with children makes them feel appreciated. It encourages them to be more outgoing and communicative.
Parental interactions educate children. They teach them what is “normal” behavior as they grow into adults. Whether a parent is there in their lives or not, it educates them about the importance of parenting. In some situations, the absence thereof. Being consistent when it comes to spending time with your kids is so essential. The children can come to believe they are unimportant and unloved if you fail to be consistent.
How can parents ruin a parent-child relationship?
Having a child with an ex-spouse can be extremely challenging. Ex-spouses can harbor unresolved resentments toward one another. Some parents are able to set these emotions aside. Some for the benefit of their co-parenting arrangement and some cannot.
Parental alienation happens. It can be if one parent purposefully hurts their child’s bond with the other parent. For both the parent and the child, it can be quite detrimental. Decisions on child custody may also be affected by parental alienation.
Taking care of their children should be the parents’ top responsibility. Some parents choose vengeance against the other parent over what’s best for the child. Parental alienation takes many forms depending on the situation. It entails psychological manipulation intended to sever the parent-child bond. A parent could make an effort to persuade their child that the other parent is bad or doesn’t care about them. A child brings up something favorable about the other parent. The parent will immediately brush it off. They discipline the child for feeling that way.
Parental alienation can be difficult to identify, but some potential symptoms include:
[ a ] A parent who was very beloved by the children is suddenly deeply despised by them.
[ b ] The young child describes the estranged parent in an adult manner.
[ c ] The child declines to see the estranged parent but is unable to explain why.
Great harm comes to children when one parent tries to sabotage the relationship with the other parent. Children should enjoy positive interactions with both parents. A parent shouldn’t be attempting to persuade a child not to see or speak with the other parent.
What are the consequences of ruining parenting time?
Ruining parenting time can alienate the other parent. One parent’s behavior harms the child’s relationship with the other parent. This is parental alienation. Keeping a child away from a custodial parent can be seen as custodial interference. Custodial interference is a crime. It can be committed by a parent who refuses to give the other parent access to the child. The parent intends to keep the child permanently away from the custodial parent.
A court can use remedies it deems to be fair to parents violating a court-ordered parenting time. Typical remedies include:
[ a ] Requesting “make-up” parental time
[ b ] Having a third party oversee the problematic parent’s visitations
[ c ] Levying fines, court costs, and legal costs against the offending parent
[ d ] Modifying the parental time schedule either temporarily or permanently
[ e ] A court may also order the arrest and incarceration of the interfering parent. This is for more severe interference.
[ f ] A parent could be placed in contempt of court if they disobey custody or visitation orders.
The court should only be approached as a last resort to have its order enforced. A court will likely be indulgent if your ex has only been tardy once or twice. Before you petition the court to enforce its decision, you should have a record of parenting plan infractions that is well-documented.
What can you do when one parent schedules things on your parenting time?
A child suffers great harm when one parent tries to sabotage their relationship with the other parent. Children should enjoy positive interactions with both parents. A parent shouldn’t be attempting to persuade a child not to see or speak with the other parent unless there is a genuine safety concern.
A parent works with a co-parent to enforce parenting time. A former spouse or a parent who has separated. A parent having difficulty following the parenting time arrangement. Upholding the rules of the parenting schedule can make a parent feel they are being punished. Fighting with an ex-spouse to see your children is one of the most annoying things you can go through.
The parenting schedule is being disrupted by your co-parent. Perhaps it’s time to gather your forces.
Assume your co-parent is deliberately picking a fight.
The parent that is bothering you might be doing more than just trying to get under your skin. The co-parent may intend to switch from passive-aggressive behavior to blatant aggression.
The offending parent may be developing a pattern of behavior. Your co-parent is habitually breaking the agreement. Be prepared to battle. This is frequently a sign that the offending parent is putting up a case. The goal is to modify the custody arrangement. Keep an eye on the issue for 60 to 90 days, at least. It can start with letters of noncompliance. It can eventually lead to court proceedings.
Start documenting interaction and communication with the other parent. Be calm. Be rational and positive.
Send your ex-spouse an email to explain the situation whenever possible. You have concrete evidence later should you end up in court. Another option is to get counseling. Before requesting judicial intervention, attempt to resolve the issue.
Keep a journal and capture every detail to prove even the smallest infractions. Your records can show a pattern of misconduct that forces the court to change the order. Try to address the situation by expressing your worries. Even if you are offended and irritated, you should conduct yourself professionally. The court is attempting to decide which parent is the more responsible and mature. You want your communications brought to the court’s attention. Prove you are a mature and responsible parent. In the event that you are unable to resolve the issue turn to legal action.
Talk to your attorney. Take legal action.
The other parent of your child is attempting to alienate you. Courts in Michigan take into account many variables deciding on child custody cases. One of these factors is a parent’s capacity to foster a good parent-child relationship with the other parent. As a result, alienating behavior may have an impact on the court’s determinations of parental roles and parenting time.
Be proactively protective of your parenting time.
It’s can be too late if you wait till anything goes wrong. The best course of action is to have a strategy in place. Safeguard your parenting time in case the other parent starts interfering with it. No matter how trivial you need to address interference with parenting time. You need to resolve it before it becomes the new normal. There are strategies for resolving this. You need to do this before this potential issue becomes a chronic one.
Shield your parenting plan against sabotage.
Maintaining some stability in your child’s life requires a parenting plan. Don’t allow for any room for ambiguity in its meaning. Discuss the appropriate language and structure for the agreement with your attorney. Knowing everything that is in the parenting plan will reduce unforeseen circumstances. You can work with a lawyer to create a parenting plan that satisfies your requirements. You can ask your attorney to insert clauses prohibiting disparagement. You can avoid going back to court if a conflict arises. Many parents are now implementing dispute-resolution mechanisms.
Success depends on having flexible parenting time schedules. Children can experience less loneliness. Ensure the non-custodial parent is in regular phone or video chat with them. Give your children’s needs a top priority. It’s a good idea to watch how they react to absences and then adjust the schedule as necessary. Make sure you keep an eye on your children during visitations. Determine whether the parenting time schedule is actually helpful to them.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.