Going through a divorce is never an easy task, especially when children are involved in the process. When it comes to child custody battles, it’s important to keep in mind that the best outcomes are those that take the children’s needs into consideration and create a good compromise that works for everyone. However, there can be instances where one parent simply isn’t suitable to be a guardian, which warrants an entirely different legal approach altogether. To that end, here is everything you need to know about child custody, particularly when it comes to frustration of parenting time:
Understanding the “better parent” concept
Many parents take their child custody disagreements to court with the hopes of being the sole custodian of their children. While some parents have very good reasons for this action, such as neglect or abuse, others simply do it because they believe they are “more fit” to be a parent, or because they hold a grudge against their former partner unrelated to the case.
However, what any parent insisting on sole custody needs to realize is that they will need to present substantial evidence proving that they are in fact the “better parent”. Unless child endangerment has been involved in any capacity, gathering this proof can be quite difficult to achieve, particularly when both parents were equally involved in raising the child. What’s more, most judges generally believe that the best outcome is for the child to spend time with both parents, if the case allows for such a decision.
Considering joint custody and a parenting plan
Considering the fact that judges often rule it this favor, it’s recommended to consider joint custody with your former partner, whether legal or physical. In case both parents are willing, fitting and able to raise a child, joint custody is generally the most suitable compromise, as it tends to be in the children’s best interests, in most cases.
When a “better parent” isn’t established, and you decide on joint custody instead, it’s recommended to create a written parenting plan, even if your region doesn’t legally require one. This plan will most likely compromise of shared schedules that work both for the children and the parents, visitation rights, as well as any trusted childcare providers, if necessary. Once a parenting plan is established and written down on paper, it will be much simpler to construct a suitable itinerary for everyone involved.
Dealing with a breach of agreement
While joint custody and a solid parenting plan might be a good compromise, what happens when the other parent breaches that agreement, or makes a more drastic, potentially illegal move? For instance, there has been a case in Australia where parents decided on equal, 50-50 custody over their child. However, when the child was in his mother’s care, she moved to another location without any prior notice to the father or the court, essentially committing parental kidnapping.
In an effort to get his child back and resolve this issue legally, the father hired a private investigator from Melbourne who was able to gather substantial evidence and allow the father to effectively claim his child. If you find yourself in a similar situation during a custody battle, and would like to resolve it in a calm, collected and legal manner, hiring the help of a private investigator might be the best course of action.
Handling frustration of parenting time
Frustration of visitation (or parenting time) happens when a parent who currently has custody of the child prevents the other parent from having scheduled, legal visitations. While isolated incidents generally won’t warrant any legal actions, particularly if there was no ill intent involved, what can you do if you regularly experience frustration of parenting time?
In California, for instance, alienated parents deal with these cases by documenting all misconduct of the other parent, including potential e-mails and text messages, and then going to court with the intent of seeking sole custody and avoiding negotiations with the other parent, all with the help of an experienced lawyer. This seems like the best possible method for dealing with such a situation, and can be conducted in the same manner regardless of where you live.
Protecting the children at all costs
No matter the outcome of your child custody dispute, keep in mind that your children will likely be impacted the most during the process. To that end, don’t coach your children what to say in court, don’t ask them for unsuitable opinions and gossip, and don’t make any unrealistic promises, as all of these things could only hurt your case. Instead, aim to maintain your daily schedule and regular activities as best as possible, and simply be a good parent whenever you’re together. This will be beneficial both for your case and your children in the long run.
While any child custody case can be difficult and demanding, especially when frustration or endangerment is involved, there are evidently a number of legal ways you could win custody, and protect your children in the best way possible.
