Family Law Blog

What To Do When Your Ex Is Alienating You From Your Child

Thursday, January 12, 2017

After undergoing a divorce, you may find that your ex-spouse is alienating the child from you. When they are preventing the child from meeting you, it is simply known as parent alienation. The case becomes more complex, however, when the other parent is having a damaging psychological effect on your child’s relationship with you.

The other parent may be denigrating you in front of your child or telling them that you do not love them. When the child develops negative feelings towards you, it is called Parent Alienation Syndrome, which was researched by Richard Gardner some decades ago.

The problem over here is to get the court to recognize what is going on. Parent Alienation Syndrome is not a medically recognized syndrome. Of course, if the court determines that the other parent is undermining your relationship with your child, they will probably step in and attempt to remedy the situation by setting up therapy sessions for the child or even by giving you child custody (in severe situations). The court is looking out for your child's best interests, which is to have a healthy relationship with both parents. 

However, before the court will take action, they will usually order a third-party psychological evaluation for the child. This can take time, and before you know it, the case can drag on for a year, with the alienation only getting worse.

The key to winning over here is to get the court to take action quickly, without dragging their feet. That’s why you need a lawyer who is knowledgeable in child support and alienation matters. For legal help, and to save your relationship with your child, make sure to contact us.

How is Visitation Decided in California?

Saturday, December 13, 2014

When a couple gets divorced, the court will identify one person as the physical custodian of the child, which means that he or she will have primary physical custody of the child. At the same time, the court will also sign off on a visitation schedule which allows the noncustodial parent visiting hours with the child.

The visitation schedule must be specific, and must include details like the number of hours the child will spend with the noncustodial parent, vacation breaks and so on. The visitation schedule is typically decided on by the parents. In fact, Los Angeles divorce lawyers recommend that you work together with the other parent to decide on a schedule. Even after a couple has agreed on a visitation schedule, it must be submitted to a court for approval. Your visitation schedule is not valid until the judge signs off on it.

However, if the parents can't come to an agreement, the court will intervene, and will issue a child custody order. This child custody order will also include a visitation schedule for the noncustodial parent.

Apart from the times of the week, vacation breaks and other details about the amount of time the child will spend with the noncustodial parent, your visitation schedule must also include other details, including pickup and drop-off times, who is responsible for making the pickups and drop-offs, and other details. It is important to have all of these details in order to avoid legal wrangling later.

The visitation schedule must also identify how the custody will be shared during special times like birthdays and holidays. The summer break must also be divided with the noncustodial parent getting a fixed number of days over the summer.

Child Custody Dispute Has Horrific Ending

Saturday, December 28, 2013

No one could have guessed when they saw 35-year-old Dmitri Kanarikov walking with his three-year-old son up to the roof of a 52 story apartment building in New York that his intentions were so horrific. A few minutes after they reached the roof of the high rise, Kanarikov proceeded to throw his three-year-old child off the building. The child fell on the lower rooftop of another building close by, and died. Dmitri followed this by jumping off the building himself.

This murder-suicide has shocked the nation, and already, a possible motive for Kanarikov’s actions has emerged. According to his ex-wife and the mother of his child, the two were involved in a nasty child custody dispute.

The couple’s divorce had been finalized in August after four years of marriage, which was followed by a hostile and often contentious child custody battle over the custody of the child and the home.The divorce is believed to have been linked to her husband’s split personality change as he became more violent and controlling. Initially, there were attempts at reconciliation, but those failed, and after some incidents of verbal assaults, the wife was ultimately forced to get a restraining order against her husband.

According to the mother, she had pleaded with the judge not to allow Kanarikov unsupervised visitation rights to the child, because he had a history of temper tantrums, and she had been the victim of domestic incidents earlier. However, the judge granted visitation rights, and those visitation rights kicked off in December. By the time of the horrific incident, Kanarikov had already had two separate unsupervised visits with his child, and according to the mother, those two visits went off perfectly well without any untoward incidents.