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What if my former spouse is undermining my parental rights?

On behalf of Feinberg & Waller, APC | Nov 8, 2017 | Family Law

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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Intake Process

Step 1

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How Do You Pick the Right Family Law Attorney? First, you must start scheduling consultations with different attorneys to be sure that your attorney is someone with whom you get along with and whose personality blends with yours. You need to find an attorney who is knowledgeable and one who has years of experience in family law. Price is also a consideration. When it comes to family law, this is not an area where you want to “bargain shop.” To simplify your experience in finding the right attorney, here is the Intake Process so you know what to expect when calling our office.

Step 2

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When you call Feinberg & Waller, APC for an initial consultation, our Case Intake Manager will ask some basic questions about you, your spouse, your financial picture, and your case. Our Intake Process helps us determine if we can handle your matter while managing the needs of our existing clients. Feinberg & Waller, APC limits the number of cases we accept because we’ve found that selectivity advances our commitment to excellence.

Step 3

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After we receive your basic information, we run a conflict check to make sure we have not spoken with your spouse in the past. We want to confirm there will be no conflict for us working with you as a potential new client. Thereafter, we will call you back to inform you of the results of the conflict check. If we are able to assist you, our Case Intake Manager will go over the range in fees, from our paralegals at $195/hr, to our associate attorneys starting at $250/hr, and our Certified Family Law Specialists (CFLS) starting at $550/hr. 

Step 4

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If we are able to handle your matter, we will schedule your consultation with one of Feinberg & Waller’s Certified Family Law Specialists. A CFLS has gone through a rigorous process of proven qualifications. They are better trained and more experienced than most other non-certified family law attorneys. You want to be sure to be on equal footing, if not better, than your spouse in terms of the credentials of your team. You want a lawyer who is committed enough to their craft to become board certified.

Contact Us For A Divorce And Family Law Consultation

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