Divorce Custody Rights

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In divorce custody, no parent has the right to practice the PAS ("Parental Alienation Syndrome"). In PAS, one parent engages in alienating the child from the other parent. As per the law, none of the parents should demean the other parent. On detection of the practice of PAS, the victim parent should approach the court for a contempt of court proceeding or for including more specific language in the custody order. If a parent raises the issue of PAS, the court might order counseling for the child. A therapist might counsel the child and accordingly testify in the court hearing.

Divorce Custody Rights regarding Modification

It is absolutely possible to alter the custody order. The parents can approach the court if there is a considerable alteration in circumstances and these are having an adverse and erratic impact on the child. Some of the changes in circumstances are as follows.

  • Change in marital status
  • Alteration in residence
  • Modification in employment
  • Erratic behavior of either parent
  • Visitation problems

The present society is very mobile. So, it is advisable that the parents should intermittently evaluate the parenting plan. The court acknowledges that some factors listed below can change post divorce.

  • The age of the child
  • The type of relationship between the child and the parents
  • The relationship between both the parents
  • The desires of the child
Generally, the courts are unwilling to alter the custody plan. However, if the courts conclude that a change is in the best interests of the child, then a modification is possible.

One method is that the ex spouses can accede to the modifications in the existing custody order between them and can voluntarily change this order. It must be noted that oral agreements are not easy to enforce. Hence, it is essential that the ex spouses must put the changes in written form.

Relevant facts regarding Divorce Custody Rights

  • If a parent smokes in the presence of the child and the court detects this, then it concludes that the parent does not have enough concern regarding the child's welfare. This is sufficient reason for alteration in custody

  • A court has the right to issue specific orders about the religion of the child in custody. Let us consider that a couple had agreed in the past to observe a certain religion. Then, the court issues orders that the child should be raised in that religion. The court does not have the right to issue orders that a parent should attend the services in that religion, but can restrict the parent from directing the child to other services

  • Let us consider a case in which the mother is the custodian and the father has visitation rights. During such a visit, the father's mother grabbed the child and fled the state. Now, the mother has the right to document the case with law enforcement authority. Another right is to pursue a civil lawsuit against the father's mother. A large number of states empower a custodian to sue a third party for interfering with the custody plan and visitation rights

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