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De Novo Law Blog

International Travel and Child Custody over the Holidays

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International Travel- How a Paraprofessional Can Help

As the holiday season approaches, many families begin to plan for travel, but for divorced parents sharing custody, this time can bring additional considerations. At De Novo Law, we understand the complexities that arise when coordinating international travel with shared custody agreements.

 This article aims to shed light on the important implications and legal requirements that parents need to be aware of when planning international travel with their children during the holidays. From ensuring compliance with custody agreements to understanding the necessity of mutual consent and the legalities under Arizona law. Our goal is to help families enjoy their holiday travels while maintaining legal compliance and upholding the best interests of their children

We will cover the following topics:

Understanding Arizona’s Legal Framework for International Travel with Children

Understanding Arizona’s legal framework for international travel with children requires consideration of various custody arrangements, including sole custody, joint custody, and situations where parents have specific visitation rights. Here’s how the law applies in these different scenarios:

  1. Joint Custody: In joint custody situations, Arizona law, specifically ARS 25-408, necessitates at least forty-five days’ advance written notice before one parent can relocate the child outside the state or more than one hundred miles within the state. This requirement ensures that both parents have adequate time to discuss and potentially contest the relocation, with the child’s best interests as the central focus​​. 
  2. Sole Custody: For a parent with sole custody, the legal process may be less complicated, but the non-custodial parent still has rights that must be respected. Even in sole custody scenarios, the custodial parent is often required to provide notice to the non-custodial parent, especially if the non-custodial parent has visitation rights and the travel might interfere with these rights. The court will consider the child’s best interests and may require additional legal steps if the non-custodial parent objects to the travel plans​​.
  3. Non-Custodial Parent’s Rights: Non-custodial parents have the right to be informed of and consent to international travel, especially if it affects their visitation schedule. The custodial parent must provide details about the travel and obtain consent from the non-custodial parent, particularly for extended trips or those involving significant distances.
  4. Case Law Precedent: The case of Lehn v. Al-Thanayyan provides a pertinent example where the court had to balance the rights of both parents in an international context. The decision to require a substantial cash bond as a deterrent to potential child abduction in a non-Hague Convention country illustrates how Arizona courts approach these sensitive issues, prioritizing the child’s welfare and safety​​.
  5. Compliance with Court Orders and Agreements: Whether in joint or sole custody situations, any existing custody agreements or court orders must be respected. These may contain specific clauses about international travel. The court generally upholds these agreements unless there’s a compelling reason to alter them, always with the child’s best interests in mind​​.
  6. Best Interests of the Child: In all scenarios, the court’s primary consideration is the child’s best interests. Factors include the reasons for travel, the impact on the child’s stability and development, and the ability to maintain a meaningful relationship with both parents​​.

International Treaties and Their Impact on International Travel

International treaties, particularly those concerning child protection, have a profound impact on international travel involving children in shared custody scenarios.

The most significant of these is the Hague Convention on the Civil Aspects of International Child Abduction. This treaty provides a legal mechanism to ensure the prompt return of children wrongfully removed to or retained in another country.

It seeks to protect children from international abduction by a parent or guardian and ensures that custody rights established in one member country are recognized and respected in others.

For parents in shared custody arrangements, this means that international travel with their children requires careful legal consideration.

They must ensure that their travel plans do not violate custody agreements or the legal rights of the other parent as established in their home country.

Failure to adhere to these stipulations can lead to serious legal consequences, including international legal disputes under the Hague Convention.

The Convention also mandates that both parents typically need to consent to a child’s international travel.

This safeguard is designed to prevent one parent from unilaterally removing the child to another country, which could be deemed as international child abduction under the treaty. 

Legal Considerations for Emergency Situations Abroad

In shared custody situations, being prepared for emergencies during international travel is essential. Key considerations include:

  • Documentation Preparation: Ensure all legal documents like passports and consent forms are in order, and understand the destination country’s legal framework for emergencies.
  • Health Emergencies: Know your medical decision-making rights for your child and familiarize yourself with the local healthcare system and laws.
  • Dealing with Travel Restrictions: Stay informed about potential travel restrictions or political instability that could affect your return plans. Maintain contact with your home country’s embassy or consulate.
  • International Child Abduction: Be aware of the legal procedures under the Hague Convention for addressing wrongful child retention abroad.
  • Communication with the Non-Traveling Parent: Keep the non-traveling parent informed during emergencies, facilitating collaborative decision-making for the child’s welfare.

Effective preparation and understanding of these legal aspects can help navigate unexpected situations while prioritizing the child’s safety and well-being.

Can My Ex-Spouse Deny International Travel 

Yes, your ex-spouse can deny international travel with your child, especially in shared custody situations, and there are several reasons why this might happen:

  1. Custody Agreement Stipulations: If your custody agreement or court order includes specific clauses regarding international travel, your ex-spouse has the right to enforce these clauses. For instance, the agreement might require mutual consent for international travel, and if your ex-spouse does not consent, you would be unable to legally take the child abroad. 
  2. Safety Concerns: Your ex-spouse might have legitimate concerns about the child’s safety, especially if the travel destination is considered unsafe or if there are health concerns like a pandemic.
  3. Interference with Parenting Time: If the proposed travel interferes with the other parent’s scheduled parenting time or major life events, they may object to the travel.
  4. Risk of Abduction: In cases where there’s a fear of international child abduction, particularly if one parent has strong ties to another country, the other parent may legally deny permission for travel.
  5. Lack of Communication or Agreement: If the traveling parent fails to provide adequate information or disregards the importance of mutual agreement and communication, the non-traveling parent might deny consent.

If your ex-spouse denies consent for international travel and you believe the decision is unreasonable or not in the best interest of the child, you have legal options.

You may seek mediation to reach an agreement or, as a last resort, go to court to have a judge decide. The court will consider the child’s best interests, the reasons for the travel, and the reasons for the denial before making a decision.

Best Practices for Planning International Travel with Children in Shared Custody

Effective communication and proper documentation are essential components when a parent plans international travel with a child, especially in shared custody situations.

Firstly, communication should be open, clear, and initiated well in advance of the planned travel.

This allows both parents ample time to discuss, negotiate, and address any concerns related to the trip. The traveling parent should provide the non-traveling parent with a detailed itinerary, including flight schedules, accommodation details, and contact information for the duration of the trip. This transparency builds trust and ensures that the non-traveling parent is informed and comfortable with the travel arrangements.

Regarding documentation, several key pieces are necessary.

The most important is a notarized letter of consent from the non-traveling parent.

This document should explicitly state their permission for the specific travel plans, including the destinations and duration of the trip. It’s a crucial piece of documentation that may be required by airlines, immigration authorities, or in case of any legal disputes.

Additionally, the traveling parent should ensure that all travel documents, such as passports and visas for the child, are current and in order. If the custody agreement or court orders have specific clauses regarding international travel, it’s advisable to carry copies of these documents as well.

Parental Rights and Responsibilities During International Travel

In the context of international travel with children during shared custody, it’s essential for parents to comprehend and adhere to their rights and responsibilities as stipulated by Arizona law.

Parental Rights and Responsibilities:

  • Consent and Communication: The non-traveling parent generally has a right to be informed and consent to the travel plans. The traveling parent must obtain this consent, ideally in writing, to avoid legal issues such as allegations of child abduction.
  • Custody Agreement Compliance: Travel arrangements should align with the existing custody agreement or court order, respecting the other parent’s rights.
  • Emergency Preparedness: Open communication lines, including sharing travel details and contact information, are vital. Parents should also have a plan for emergencies.

Key Considerations:

  • Documentation: Carrying a notarized letter of consent from the non-traveling parent and ensuring all travel documents are in order is crucial.
  • Legal Implications: Traveling without the required consent can lead to serious legal repercussions, including accusations under international treaties like the Hague Convention.
  • Legal Advice: Consulting a family law attorney before traveling can provide valuable guidance and help ensure all legal requirements are met.

Understanding and respecting these aspects ensures that international travel with children in shared custody situations is conducted legally and smoothly, focusing on the children’s best interests.

Stephanie Villalobos, LP

How a Legal ParaProfessional Can Help?

Legal Paraprofessionals (LPs) at De Novo Law, such as Stephanie Villalobos with her extensive 30-year experience in the legal field, provide vital services in family law matters.

They are authorized to offer legal advice, represent clients in court for divorce, legal separation, child custody, and support issues, and negotiate settlements. Their role bridges the gap between a paralegal and an attorney, focusing on affordability and accessibility.

De Novo Law encourages individuals facing family law challenges to utilize their services, offering free one-on-one consultations.

For assistance, you can contact De Novo Law at (480) 725-2200 to arrange a consultation with a qualified legal paraprofessional.

 

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

2023 Guide to Filing for a Divorce with Minor Children in Arizona

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Divorce with a Minor Child in AZ – How a Paraprofessional Can Help

Divorce is never an easy process, especially when it involves children.

As parents, your top priority is the welfare and happiness of your children, and navigating the complexities of divorce with a minor child can be challenging and emotional.

 

At De Novo Law, our licensed legal paraprofessionals specialize in Arizona divorce and family law, and we are here to help you through this challenging time in Phoenix, Arizona.

We have the expertise, compassion, and dedication to guide you through the divorce decree process and ensure your children are well cared for.

In the state of Arizona, some specific laws and procedures govern divorce with minor children, such as to be eligible to file a petition for dissolution of marriage, you or your spouse must have lived in Arizona for at least 90 days.

These laws are designed to protect the child’s best interests and ensure that both parents have a fair chance at custody and parenting time.

We will cover the following topics:

According to recent statistics from the Arizona Department of Health Services, there were approximately 23,000 divorces in Arizona in 2019.

Of those divorces, approximately 12,000 involved children under 18 years old.

These numbers highlight the importance of having a knowledgeable and experienced legal paraprofessional on your side during a divorce with a minor child.

Arizona Revised Statutes Governing Divorce with Children Involved

The state of Arizona has a comprehensive set of laws known as the Arizona Revised Statutes (ARS), which along with the Arizona Supreme Court, govern filing for divorce cases involving children.

Some of the key statutes include:

  • ARS 25-312(1): This statute requires that either spouse is required to be an Arizona resident for a minimum of 90 days.
  • ARS 25-402: This statute defines the different types of custody in Arizona, including legal decision-making authority and parenting time.
  • ARS 25-403: This statute outlines the factors courts consider when determining the best interests of the child in custody cases.
  • ARS 25-403.01: This statute provides guidelines on joint custody and
    the development of parenting plans.
  • ARS 25-403.08: This statute discusses how to modify custody orders in the event of changed circumstances.
  • ARS 25-501: This statute establishes the child support guidelines in Arizona, including the obligation of both parents to provide financial support and what they need to pay.

Understanding these statutes and their implications is essential for getting a divorce with a minor child in Arizona.

A legal paraprofessional from De Novo Law can help you understand your rights and responsibilities under these laws and ensure that your child’s best interests are protected.

Understanding Child Custody and Parenting Time 

In Arizona, child custody encompasses legal decision-making authority and parenting time.

Legal decision-making authority refers to the right and responsibility to make important decisions about a child’s upbringing, such as education, healthcare, and religious upbringing.

Parenting time and custody, on the other hand, refers to the physical custody of the child and the time each parent spends with the child. 

Types of Legal Decision-Making Authority

Arizona courts can award either sole or joint legal decision-making rights, depending on the circumstances of the case:

  • Sole Legal Decision-Making Authority: One parent is granted the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, while still having parenting time, does not have the same
    decision-making authority.
  • Joint Legal Decision-Making Authority: Both parents share the right and responsibility to make important decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents. 

Parenting Time Arrangements

Parenting time arrangements and visitation can vary greatly depending on the child’s needs and the family’s specific circumstances.

Some standard arrangements include:

  • Equal Parenting Time: Both parents share parenting time equally or as close to equal as possible. This arrangement typically works best when both parents live close to each other and can maintain a cooperative relationship.
  • Primary and Secondary Parenting Time: One parent is designated as the primary caregiver, with the child spending most of their time with that parent. The other parent, designated as the secondary caregiver, regularly schedules time with the child.
  • Supervised Parenting Time: In cases where a parent’s ability to care for the child is questioned, the court may order supervised parenting time. This requires the presence of a third party during the parent’s time with the child to ensure the child’s safety and well-being.

Factors Considered in Determining Custody and Parenting Time

When determining custody and parenting time, Arizona courts  consider what is best for the children, taking into account factors such as: 

  • The child’s relationship with each parent
  • The child’s adjustment to home, school, and community
  • The mental and physical health of all individuals involved
  • Each parent’s ability to provide a stable, loving, and nurturing
    environment
  • The child’s wishes, if they are of an appropriate age and maturity level
  • The willingness of each parent to foster a positive relationship between the child and the other parent

Developing a Parenting Plan

In cases where joint legal decision-making authority is awarded, the parents must create a parenting plan that outlines the specifics regarding custody of children and parenting time arrangements.

The plan should address the following: 

  • A schedule for parenting time, including holidays, vacations, and special occasions
  • A method for making important decisions about the child’s upbringing
  • A process for resolving disputes related to the child’s care
  • Provisions for reviewing and modifying the parenting plan as needed

A legal paraprofessional from De Novo Law can help you understand the various aspects of custody and parenting time, develop a comprehensive parenting plan, and advocate for your interests in court proceedings.

Uncontested Divorce with Minor Children vs. Contested Divorce in Arizona

Divorces in Arizona can be either uncontested or contested, depending on whether the parties can agree on key issues such as custody, parenting time, and child support.

In an Uncontested Divorce, each spouse must agree on all aspects of the divorce, including the division of assets, marital property and debts, spousal support, and parenting arrangements.

This type of divorce typically results in a faster, less expensive, and less adversarial process.


Fictional Scenarios of an Uncontested Divorce.


Example 1: Sarah is a 35-year-old mother of two children living in Tempe, just outside Phoenix. She works as a high school teacher and has an amicable relationship with her soon-to-be ex-husband, Tom.

Sarah and Tom want to keep the divorce process as smooth and stress-free as possible for their children.

They aim to agree on all aspects of their divorce, including custody and child support, without needing court intervention.


Example 2: Mike, a 42-year-old father of one, lives in Scottsdale.

He runs a small business and has decided to end his marriage of 12 years with his wife, Emily.

Mike and Emily want to avoid a prolonged and expensive legal battle.

Their goal is to negotiate the terms of their divorce, including child custody and support, cooperatively and avoid unnecessary conflict.

In a Contested Divorce, however, the spouses cannot agree on one or more issues regarding the children or other areas.

The court must intervene to make determinations on their behalf.

Contested divorces with children involved can be more complex, time-consuming, and costly.

They may involve court hearings, mediation, or even a trial to resolve disputes related to the children’s best interests. 

Fictional Scenarios of a Contested Divorce with Minor Children.

Example 1: Jennifer, a 28-year-old mother of a young child, lives in Chandler.

She is a stay-at-home mom with a strained relationship with her husband, Daniel, who has a demanding career.

Jennifer and Daniel cannot agree on custody, parenting time arrangements, or the division of marital
assets.

She aims to assert her rights and achieve a fair outcome in the divorce process, ensuring her child’s best interests are protected.


Example 2: Steven, a 45-year-old father of three, lives in Glendale. He is a police officer and has been married for 20 years to his wife, Laura.

Steven and Laura have deep-rooted disagreements regarding child custody, support, and the division of their marital property.

Steven’s goal is to protect his rights and achieve a fair resolution in the divorce process that addresses the best interests of his children.

A legal paraprofessional from De Novo Law can help you understand the differences between uncontested and contested divorces, guide you through the necessary steps, and advocate for your interests in negotiations or court proceedings to help finalize a dissolution of marriage.

Arizona Child Support Laws 

In Arizona, both parents are required to provide financial support for their children.

The state has established child support guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time each parent has.

These guidelines help ensure that child support payments are fair and appropriate for each family’s unique circumstances.


The non-custodial parent typically pays child support to the custodial parent to assist with the costs of raising the child, such as housing, food, clothing, education, insurance coverage, and medical expenses.

It is important to note that child support payments are separate from spousal maintenance (alimony) and are specifically intended for the child’s needs.


Fictional Scenarios of a Child Support.

Example 1: Olivia, a 29-year-old mother of a young child, lives in Gilbert. She is a part-time retail employee and struggles to make ends meet.

Olivia needs to ensure that her child’s father, Nathan, fulfills his financial obligations to their child after the divorce.

Her goal is to establish an appropriate child support arrangement that takes into account both parents’ incomes and their
child’s needs.


Example 2: Jason, a 36-year-old father of two, lives in Surprise. He works as a construction worker and is concerned about his ability to financially support his children after the divorce.

The challenge is that Jason wants to ensure that his child support payments are fair and consider the financial circumstances of both him and his ex-wife, Jessica.

He wants to work with a legal paraprofessional who can help him through Arizona’s child support guidelines and establish an equitable child support arrangement that reflects both parents’ financial situations and their children’s needs.

A legal paraprofessional from De Novo Law can help you understand Arizona’s child support guidelines and calculate appropriate support payments that ensure that the support order is properly enforced. 

A licensed legal paraprofessional from De Novo Law can provide invaluable support and guidance throughout the divorce process, particularly when minor children are involved.

They can help you navigate the complexities of Arizona family laws, advocate for your interests, and ensure that your child’s
best interests are protected.


Some of the ways a legal paraprofessional can assist you include:

  • More affordable than traditional attorney’s fees at a family law firm
  • Explaining your rights and responsibilities under statewide Arizona law
  • Assisting with the preparation and filing of necessary documents and forms
  • Advising on custody, parenting time, and child support arrangements
  • Representing your interests in negotiations, mediation, or court hearings
  • Ensuring that custody and support orders are adequately enforced and modified when necessary
Stephanie Villalobos, LP

By working with a certified legal paraprofessional from De Novo Law, you can have peace of mind knowing that you have an experienced advocate on your side, helping you navigate the challenging divorce process with a minor child in Arizona.


If you are filing for a divorce with minor children in Arizona, contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Our legal paraprofessional can provide the support, guidance, and advocacy you need to protect your child’s best interests throughout the divorce process.

With over 30 years of experience and dedication, licensed legal
paraprofessional Stephanie Villalobos can help you navigate this difficult time and secure a brighter future for you and your children.

We are here to help you through this challenging time to ensure that your rights and interests are protected. 

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How Does Parenting Time Work when Step-Children are Involved?

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Child Custody and Parenting Time Can Be Challenging to Navigate

Learn how different circumstances can impact child custody and parenting time. Choose from any of the topics below.

  • Caring For Step-Children Can Pose a Challenge
  • What are the Rights of Step-Parents in Join Custody Arrangements?
  • Who Should Come First in a Blended Family
  • What if My Ex-Spouse and I Can’t Agree About the Custody of Our Children?
  • Speak With a Legal Paraprofessional Regarding Parenting Time

Caring for Step-Children Can Pose a Challenge

When step-children are involved, parenting time can be a tricky situation. Both biological parents and stepparents must share the responsibility of parenting, but it is important to establish clear boundaries.

Each parent should be given equal opportunities to spend time with the children while allowing them to maintain their individual relationships with both parents. 

Parenting time should be tailored to each family’s unique needs, considering the child’s age and any special needs they may have. It is also important that all relevant parties are included in parenting plans, such as grandparents or other family members who may play a role in the child’s life.

With open communication and mutual respect among all parties involved, parenting time can work successfully when step-children are involved.

 

 

 

What are the Rights of Step-Parents in Joint Custody Arrangements?

In Arizona, step-parents in joint custody arrangements have certain rights that are outlined by the state’s laws. These rights include the right to petition for legal custody or visitation of minor step-children and the right to be informed about any changes to a court order related to the child’s custody.

The step-parent also has the right to access records related to their step-children medical care, education, and other important information.

In some cases, the step-parent may be able to gain legal decision-making authority for their stepchild if both biological parents agree or if there is a court order granting such authority.

However, it is important to note that no matter what rights are granted, these rights will always be subordinate to those of biological parents.

 

 

Should a Stepparent Have Input in the Parenting Plan?

 

Regarding parenting, stepparents can be an important part of the equation to their step-children. They often have a unique and valuable perspective that can contribute to creating a successful parenting plan. Stepparents should be allowed to have input in the plan, as long as it’s done respectfully and with consideration for both biological parents and their wishes.

All involved parties must work together in a collaborative environment to develop an agreement that works best for everyone involved.

This means that stepparents should be given a chance to provide their thoughts, feelings, and opinions regarding how children are raised and what rules are put into place. Ultimately, having stepparents involved in the process can help create an atmosphere of trust and encourage sharing of responsibility between all adults involved in the lives of their step-children.

Who Should Come First in a Blended Family?

When it comes to blended families, there is no one-size-fits-all answer as to who should come first. Some believe that the parent’s biological children should be given priority over their partner’s children. In contrast, others feel that all family members should be treated equally regardless of biological ties.

Ultimately, each family needs to find what works best for them and decide how they want to prioritize their children.

It can be helpful to talk openly with each other about expectations and feelings to foster an atmosphere of understanding and respect.

Communication is vital in a blended family, and being able to discuss important topics together can help build strong bonds between parents and kids alike.

No matter who comes first in a blended family, it is important that everyone feels appreciated and valued for their unique contributions.

How Should Communication Work Between a Stepparent and the Other Parent?

Communication between a stepparent and the other parent should be respectful, honest, and transparent. Both parents should have an open dialogue about expectations for their relationship and the step-parent’s role in the child’s life. It is also important to understand that both parents are responsible for setting boundaries and routines for the children and should work together to ensure consistency.

Additionally, communication should focus on finding common ground rather than assigning blame or making assumptions about each other. Both parents must consider each other’s feelings, opinions, and values when making decisions about their children. Suppose communication breaks down between the two parents. In that case, it is best to seek professional help to ensure that all parties involved can find a way forward to create a healthy environment for everyone involved.

What if My Ex-Spouse and I Can’t Agree About Custody of Our Children?

If parents can’t agree on the custody of their children, it can be a difficult and emotionally draining situation. It’s important to remember that in all divorce situations, the child’s best interests are paramount. This means that any decisions made regarding custodial arrangements should be made with their needs in mind.

 It’s also wise to seek legal advice, as this helps ensure that both parties understand their rights and obligations under the law. If an agreement cannot be reached, then court intervention may be necessary.

While this is not ideal, it can provide both parties with a more impartial decision about the custody arrangements for the children.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding parenting time is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning parenting time.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Ways Social Media Can Affect Child Custody & Parenting Time

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Social Media in a Custody Case

Learn how social media can influence a court’s decision on child custody and parenting time. Choose from any of the topics below.

 

Going through a divorce is never an easy undertaking. In fact, it can be even more arduous when the divorce includes children. As these times become difficult, a spouse can easily behave in a foolish manner that can cause an adverse outcome to their legal custody case.

As a parent going through a divorce involving children, it is important to remember that before, during, and after the start of any proceedings, the entire behavior of both parents will be reviewed. Knowing this should encourage you to remain on your best behavior throughout this time.

In order for you to be prepared for your divorce and subsequent child custody hearing, it is important to know what a judge takes into account while coming to their decision.

You also need to be aware of what to avoid doing as the divorce proceedings continue.

The Child’s Best Interest is in Mind

In order for you to understand how to properly behave throughout a custody hearing, you should be aware of the standard that the court will instill in order to make proper custody order arrangements, develop parenting time, and create a visitation schedule based on the child’s best interest.

Factors to consider include the following:

  • How long has a child been cared for by individuals other than the actual parents and surrounding situations related to it.
  • The parents’ desires of living situation and agreeing on where to live are considered to be included in the best interest of the child custody.
  • The child’s relationship and interactions with any siblings and parents, as well as all others who could impact the best interests of the child.
  • How the adjustment of the child is turning out toward the community, home, and school.
  • Amount of ability and desire to show respect toward the child’s bond with the other parent and to permit a relationship to continue between the children and parent.
  • Spousal abuse allegation or evidence.
  • Child abuse allegation or evidence.
  • Any child abuse conviction

 

Keep Your Behavior in Check

If you are desiring to have legal custody, physical custody, or joint custody, your behavior will be fully evaluated, including on social media.

If you know that you have bad habits and your spouse has pointed them out, then they could be used against you.

However, when your behavior is on the straight and narrow, then you will be able to avoid any negative physical custody outcomes.

Some circumstances should also be considered throughout the child custody hearing, such as the children mimicking their parents. You also should understand that everything a child is told by one parent will more than likely be told to the other. With that, you need to keep things to yourself if they do not pertain to the child directly.

Having Conversations Online

When you have a conversation, it can be used as evidence. This means you should suspect that everything you say is being recorded throughout the child custody hearing. These conversations can include social media conversations that you take part in.

When words are spoken or written, they can be easily obtained by the court for review. When the conversations are in writing, such as on social media, they can clearly show that it was going to be known.

Our list of reasons how social media can affect child custody and parenting time should be avoided at all costs.

This is especially true when you are planning to avoid limited visitation.

Avoiding Alienation of a Child’s Affection from the Parent through Social Media or in Person

It is known that the best environment for a child is one where they have both parents. However, when a parent continuously criticizes the other, the result will be the child making the important decisions of who they prefer to live with in order to preserve the parent-child relationship.

The children will ultimately become confused and upset about this alienating behavior. Judges know that this behavior can be damaging and thus do not tolerate this behavior much.

Besides criticizing, it is also a bad idea to prevent the parent from being with the children. This behavior can be harmful to the children. It is important to remember that this alienation can be caused by both parents.

Raising your Voice Toward the Children or Parent

As we mentioned, everything that you say and how you say it will be remembered. This is also true for conversations taking place through social media. So when you decide to have a conversation where you end up yelling, it can be seen as abusive in nature by the words you choose to express.

Oftentimes, one parent is perceived as being the more dominating and more assertive half of the relationship. When this is perceived, the other person will often make it look like they live in fear. Regardless of this fear being authentic, the allegations that are made are taken seriously by the court.

The last thing that you want to do is allow her to make accusations. When accusations occur, the parent may be viewed in a negative manner, such as having no self-control.

Regardless of the difficulty, restraint needs to be shown instead of having an outburst. When restraint is utilized, then there will be no impeding bad behavior.

Making Threats of Physical Harm Towards the Children or other Parent

When you have a heated conversation through social media and self-control is lost, threats of physical harm may occur. Hopefully, these threats do not come into being, but if they do, then it will turn into a crime if physical contact takes place.

When a judge catches wind of this, then the parent causing the harm will ultimately lose any type of physical custody case, especially physical custody. When physical violence takes place, the children may become upset and confused.

When this occurs, the children may develop issues with their emotional state, which can last their entire life.

Living with a New Partner Before Divorce is Finalized

Children often have a difficult time with the divorce and even harder times when they see their parents no longer loving each other. When you add the fact that a new partner enters the scene, then it can be a complete game changer for the entire divorce and custody order.

To avoid any possible issues, it is a good idea to refrain from disclosing your new relationship through social media or sharing photos of you with your new love interest. You can expect the court to frown upon this until the divorce has been finalized.

Expose Other Parent’s Faults with Mutual Friends

The friends one parent has will likely be the friends both parents share. So you can expect that whatever you tell your mutual friend through social media or in person will likely be shared with the other parent.

When a couple going through a divorce share mutual friends, a lot of “he said/she said” can happen behind the scenes. This is never a good position for friends to be in, so it is a good idea to not express anything at all to those that share a common friendship.

Especially because social media fails to conceal the author’s identity, anything that is publicly shared with one friend, such as a comment on a friend’s photo, immediately exposes that same information to others that can view the photo.

Refusing to Provide Child Support

When you know that you have a court order to pay child support, but you decide to share photos of your new ride or new clothes around the same time that the support is to be made.

When a judge sees your online photos and status updates involving new purchases but no payments of child support, then the parent will be in contempt and possibly arrested for ignoring the court order that is binding through the enforcement act.

Posting photos of damage on social media

Posting Photos of Damage you Cause

When you post photos on social media showing the damage that you caused to property, the court will view this as aggression that has built up over time. Because of this behavior, you may be labeled as threatening.

Denying all Contact with Other Parent

Contact can come in many forms, including contact through social media. When your child has access to social media, they likely have a direct line to make contact with the other parent. However, if you deny your child access to social media, you could be denying them contact with their parents.

Your child needs to have the liberty to make contact with the other parent when they feel like it, as long as the time is appropriate.

Taking the Kids on Trips that the Other Parent is Unaware of

When you post photos of a weekend trip that you took the kids on that are away from home, it may give a bad feeling to the other parent. This can be a bad thing if there is no agreement in the parenting plan about vacations away from the home state.

When a parent does not communicate the whereabouts of the children, then it may be viewed as a kidnapping attempt. This could easily result in stripping of the parent’s rights of visitation or eliminating parenting time. This can be avoided if the other parent is notified well in advance in writing or is included in the parenting plan.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a lengthy legal custody hearing is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 725-2200 to schedule your consultation.

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