It is very important for a child to have a good bond with both parents. Sometimes, one parent might try to keep the child away from the other parent. This can be very hard for the child and for the parent who is being kept away. It is important to know what this is called and what can happen. This can help you protect your child and your time with them.
What Does It Mean if Parents Can’t Agree on Child Time?
Working Together: The best thing is when parents can find a good way to share time with their child. This helps the child feel safe and loved by both parents. The judge wants to see parents working together to make a plan that is good for the child.
When Problems Start: But sometimes, one parent keeps trying to stop the child from seeing the other parent. This is a big problem. It can hurt the child very much. It can also cause many problems with the judge.
Things a Judge Likes to See:
– Parents talking to each other nicely about the child.
– Parents following the plan for sharing time.
– Parents being flexible if small changes are needed.
Signs of Trouble:
– One parent often says bad things about the other parent to the child.
– One parent makes it hard for the child to call or see the other parent.
– One parent is often late for sharing time or cancels a lot.
Real Story: Lisa and Tom had a plan for their son, Max, to see both of them. But Lisa started telling Max that Tom did not love him. She would also make excuses for why Max could not go with Tom. This made Max sad and confused, and Tom missed his son.
What Is the Name for Keeping a Child From a Parent?
A Serious Term: When one parent tries to make the child not like the other parent or keeps the child away, it can be called parental alienation. This is a very serious thing in family court. You can learn what parental alienation is in more detail from our videos.
Other Names: In some very bad situations, if a parent takes a child and hides them when they are not allowed to, it might even be called parental kidnapping. This is against the law and can lead to very big trouble. The main goal is to stop these things from happening.
What Parental Alienation Can Look Like:
– Telling the child lies about the other parent.
– Making the child feel guilty for liking the other parent.
– Not giving the other parent messages from the child.
What It Is Not:
– A parent being careful if the other parent is truly unsafe.
– A child sometimes not wanting to leave one parent for normal reasons.
– Parents having a small fight that does not put the child in the middle.
Real Story: Maria’s ex-husband, Sam, started telling their daughter, Lily, that Maria did not want to see her. He would not let Lily call Maria. This is a form of parental alienation because Sam was trying to hurt Lily’s bond with Maria.
Can a Parent Get in Trouble for Not Following Child Time Rules?
Court Orders Are Rules: When a judge makes a plan for when each parent sees the child, this is a court order. Both parents must follow this order. It is like a very important rule that everyone has to obey.
What is Contempt of Court: If a parent does not follow the court order about parenting time, the judge can find that parent in contempt of court. This means the parent is in trouble for not doing what the judge said. This is very serious, and the judge will take steps to fix it.
Ways a Parent Might Not Follow Rules:
– Not letting the child go with the other parent on their set days.
– Often being very late to drop off or pick up the child.
– Making choices for the child alone when the order says both parents should choose.
What the Judge Can Do:
– Give a warning to the parent.
– Make the parent pay money (a fine).
– In very serious cases, a parent could even go to jail for a short time.
Real Story: David had a court order that said his son, Leo, would visit him every weekend. But Leo’s mom often said Leo was sick or busy, even when he was not. The judge told Leo’s mom she was in contempt and had to follow the order or face fines.
Could a Parent Lose Care of a Child for Not Sharing Time?
Changing Child’s Main Carer: Yes, a judge can change who the child lives with most of the time. If one parent keeps stopping the other parent from seeing the child, the judge might think that parent is not doing what is best for the child. The rules about the child’s best interest are very important here.
Judge’s Big Choice: The judge has the power to do this. The judge will look at everything. If a parent will not share the child as the court said, the judge might decide to take away that parent’s main care of the child. This is a big step a judge can take.
Reasons a Judge Might Change Care:
– One parent keeps breaking the parenting time order.
– One parent is trying to turn the child against the other parent.
– The child is being harmed by not seeing the other parent.
What to Think About:
– Always follow the judge’s plan for child time.
– If you have real worries about the child’s safety, tell the judge the right way.
– Do not try to fix things by keeping the child away yourself.
Real Story: Sarah was supposed to share time with her daughter, Emily, with Emily’s dad, Mark. But Sarah kept making excuses. After many warnings, the judge decided that Emily should live mostly with Mark because Sarah would not let Mark be part of Emily’s life.
What if a Parent Feels They Should Not Allow Child Time?
Be Very Careful: If you feel you should not let the other parent see the child, you must be very, very careful. Just deciding on your own to stop the time is not the right way. This can lead to bad things for you in court.
Court Can Take Action: You need to know that if you stop child time, the judge can take action. The judge can decide that you are stopping the other parent from their rightful time. This can mean the judge changes the child’s main carer.
If You Are Worried About Safety:
– Talk to a lawyer right away.
– Ask the court to make a change to the order for safety reasons.
– Do not just keep the child away without the court’s okay, unless it’s a true emergency.
What Not To Do:
– Do not decide on your own to stop the other parent’s time.
– Do not make it hard for the other parent if there is no real danger.
– Do not use the child to get back at the other parent.
Real Story: Ben was worried because his ex-wife started acting strangely. He thought his kids might not be safe. Instead of just keeping the kids, Ben talked to a lawyer. The lawyer helped him ask the judge to look at the situation and make a safe plan.
What Bad Things Can Happen if a Parent Stops Child Time?
Being Late or Too Busy: If a parent is always late when it is time for the other parent to see the child, the judge will not like this. If a parent makes the child so busy with other things that they cannot see the other parent, the judge will also see this as a problem. These are ways of stopping rules about parenting time.
Police Can Be Called: In some cases, if a parent is stopping the other from seeing the child against a court order, there can even be police trouble. These are very serious things that everyone wants to avoid. You can learn more by asking lawyers at Goldman and Associates.
Actions the Court Sees as Bad:
– Always being late for pick-ups or drop-offs.
– Planning too many activities for the child during the other parent’s time.
– Not telling the other parent about important things like doctor visits or school events.
Possible Bad Results:
– The judge can make you pay for the other parent’s lawyer costs.
– The judge can give the other parent more time with the child to make up for lost time.
– The judge might think you cannot put the child’s needs first.
Real Story: Anna kept signing her son up for sports that were only on her ex-husband’s weekends. Her ex-husband missed a lot of time. The judge told Anna she had to stop doing this and made her pay for her ex-husband’s lawyer because she was stopping their time.
Why Is It Good for Kids to Spend Time With Both Parents?
Kids Need Both Parents: You have to think about it like this: it is good for kids to spend nice, healthy time with both parents. Children often do better when they have a good bond with their mom and their dad. This helps them feel loved and secure.
Stopping Good Time: If you try to stop this good and healthy time between the child and the other parent, the judge will not like it. The judge believes that most children need both parents in their lives. You can watch our video to learn more about this important idea.
Good Things For Kids When They See Both Parents:
– They feel more loved and supported.
– They learn different things from each parent.
– They often do better in school and with friends.
Bad Things For Kids When They Can’t See a Parent:
– They might feel sad, angry, or confused.
– They might blame themselves for the parent being away.
– They might have a harder time trusting people when they grow up.
Real Story: Young Mia used to see both her parents often. After her parents split, her mom helped Mia keep seeing her dad. Mia felt happy knowing both her parents loved her. She learned how to bake with her mom and how to ride a bike with her dad.
What Will a Judge Do if a Parent Stops the Other From Seeing Their Child?
Judge Takes It Seriously: If a parent keeps stopping good time between the child and the other parent, the judge will take very strong action. This is not something the judge will ignore. The judge’s main job is to protect the child.
Many Possible Actions: The judge can do many things. This might include changing who the child lives with, making the parent pay fines, or even ordering make-up time for the parent who missed out. It’s important to understand how to talk about parental alienation in court.
Steps a Judge Might Take:
– Order the parents to go to classes about co-parenting.
– Appoint a special person to watch over the parenting time.
– Change the child sharing plan to give the other parent more say.
Why Judges Act Strongly:
– To protect the child’s right to have both parents.
– To show that court orders must be followed.
– To stop one parent from unfairly hurting the other parent’s bond with the child.
Real Story: After John’s ex-wife stopped him from seeing his kids many times, John went to court. The judge saw what was happening. The judge ordered extra time for John and warned his ex-wife that if it happened again, she could lose her main care role.
How Can Parents Create a Good Plan for Their Child?
Goal is a Good Plan: The main aim is to get a good plan for sharing the child that works for both parents and the child. The judge wants to feel good that there is a working way for parents to share time. This makes things better for everyone, especially the child.
Working Together is Key: This means parents need to try to work with each other. Even if parents do not agree on everything, they need to put the child first. Finding ways to share information and be fair about time helps a lot. There are also ways to fight parental alienation if one parent is not being fair.
Tips for a Good Plan:
– Make a clear schedule for who has the child when.
– Decide how you will share news about school and health.
– Agree on rules for holidays and special days.
How to Work Together Better:
– Try to talk calmly, even when it is hard.
– Use emails or a parenting app if talking face-to-face is too hard.
– Think about what is best for your child, not about winning against the other parent.
Real Story: After their split, Maria and Alex found it hard to talk. They used a special notebook that went with their son, Leo, between houses. They wrote down important things about Leo’s week. This helped them share Leo’s care without fighting.
What If You Have Questions About Your Child Sharing Case?
Every Case is Different: Every family’s story is not the same. What happened in one case might not be the same in yours. The rules can be hard to understand all by yourself.
Ask for Help: If you have questions about your own case and sharing your child, you should ask for help. Lawyers who know about family matters can explain things. They can help you know what to do.
When to Ask a Lawyer:
– If the other parent is not letting you see your child.
– If you are accused of not letting the other parent see the child.
– If you need to make or change a child sharing plan.
How a Lawyer Can Help You:
– Explain the law in a simple way.
– Help you talk to the court.
– Work to get a fair plan for you and your child.
Real Story: Mike was confused about his child sharing plan. His ex-partner kept changing the times. Mike called a lawyer. The lawyer helped Mike understand the plan and talked to his ex-partner’s lawyer to fix the problems.
Keep Good Records: It is smart to keep notes about your child sharing time. Write down dates and times when the other parent did not follow the plan. Also, keep copies of emails or messages about your child. These notes can be very helpful if you need to talk to a judge.
Focus on Your Child: Always try to think about what is best for your child. Even if you are upset with the other parent, try not to say bad things about them in front of your child. When children are caught in the middle, it is very hard for them. Show your child lots of love and support.
Frequently Asked Questions:
1: What is it called when one parent tries to turn a child against the other parent?
This is often called parental alienation. It’s when one parent says or does things to hurt the child’s feelings about the other parent.
2: Can a judge make a parent let the other parent see the child?
Yes, a judge makes a court order for parenting time. Both parents must follow this order, and the judge can enforce it.
3: What happens if I don’t follow the parenting time order?
You could be found in contempt of court. This can lead to fines, make-up time for the other parent, or even changes in who has main care of the child.
4: Is it okay to stop parenting time if I think my child is not safe?
You must be very careful. If you think your child is in real danger, talk to a lawyer or child protective services right away to ask for help the right way.
5: How can I prove the other parent is keeping my child from me?
Keep records of missed visits, save messages, and note any patterns. A lawyer can help you show this to the court.
6: Does the child get to choose who they live with?
The judge will listen if a child is old enough to say what they want, but the judge makes the final choice based on what is best for the child.
7: What is a “workable parental situation”?
It means a plan and a way for parents to share time with their child that is good for the child and that both parents can follow.
8: Can parenting time orders be changed?
Yes, if there is a big change in life for the parents or child, a parent can ask the court to change the order. You need a good reason for the change.
9: What if the other parent is always late for pick-ups?
Being always late can be seen as not following the order. Keep a record and talk to your lawyer if it keeps happening.
10: Can I stop paying child support if the other parent doesn’t let me see my child?
No, child support and parenting time are separate things by law. You should not stop paying child support, but you should ask the court for help with parenting time.
11: What is the first step if I am being kept from my child?
Talk to a family law lawyer. They can explain your rights and help you ask the court for help.
12: How does the court decide what is “best for the child”?
The court looks at many things, like the child’s safety, health, school, and the love and support each parent gives. They also look at which parent will help the child have a bond with the other parent.
Talk to Us: If you are dealing with these problems, please call or text us at (248) 590-6600. We are here to listen.
Get Help Now: You can set up a free talk with us to discuss your case. Visit our website to find out how.
Learn More: Visit ChooseGoldman.com to get more information on family law topics in Michigan.