What if my former spouse is undermining my parental rights?

The end of a marriage can bring out significant conflicts between the two parties. It is not easy to reach decisions about important child custody issues, and sometimes, these disputes can carry over long after the divorce is final. For some California parents, they may find that issues with their former spouses can continue to affect their custody arrangements and their parental rights.

Parental alienation and interference are threats to your rights as a parent and your relationship with your children. If your former spouse refuses to abide by the terms of your custody order, robbing you of your rightful time with your children, you have options. You do not have to sit quietly by, but you may take the necessary steps to fight for your interests.

Types of interference you may experience

Before your divorce is final, you and your spouse will either come to an agreement independently regarding custody and visitation or a family law court will decide for you. Once the divorce is final, it will be the responsibility of both parents to adhere to the terms of the agreement. However, one parent may not want to adhere to the order, ultimately obstructing the other parent's rights. Types of parental interference include:

  • Indirect interference: Indirect interference occurs when a parent acts in ways that could dispute the child's relationship with the other parent, including influencing communication, undermining decisions made by the other parent, asking the child to report on the other parent or speaking disparagingly about the other parent in front of the kid.
  • Direct interference: Direct parental interference occurs when one parent physically keeps a child from seeing the other parent, moving with the child without permission or taking the child out of state without the appropriate approval.

When you experience direct or indirect parental interference, you would be wise to act quickly to protect your relationship and access to your children. You have the right to a strong relationship with your kids.

How can you fight inference?

You can fight back against parental interference. You may seek legal help and work toward make-up parenting time or even an adjustment to your existing order. When you seek a complete evaluation of your case, you can better understand the specific options that are available to you.

As a parent, one of the most important things in your life is your relationship with your children. You do not have to put up with parental interference but can fight for a beneficial outcome to your current situation.

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