Can a Parent Who is Not Seeing Their Child Get Joint Custody?

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Today I want to talk about whether a parent who is not seeing or spending time with his or her child or children stands a chance of getting joint custody or parenting time.
Can this result in one parent getting sole custody of the child?
Will it result in a restriction of parenting time allowed for one parent?
The answer to that question is it really depends on a number of factors. These factors are called ‘The Best Interest of the Child Factors”. If you haven’t already download my ‘Best Interest Factors Checklist’ by going to:
www.commandthecourtroom.com
Whatever State you are in you should research your child custody statutes. And in those child custody laws there is going to be a list of factors that the court is going to consider in making a decision about custody and or parenting time.
Again, this list is commonly referred to as ‘The Best Interest of the Child Factors” And not ONE factor controls, in other words the judge usually looks at the Interplay between a bunch of different factors. Not one factor is going to outweigh all of the other factors.
So the fact that a parent is not spending time with the child is not the only thing the judge is going to look at regarding whether the parents will get equal decision making or equal parenting time with the child.
Now another thing I pose to you is you really have to look at the reason the parent is not spending time with the child or that there is no communication with the child. Some examples for instance:
Is the other parent is getting in the way and impeding that relationship or refusing visitation?
Are there indications of parental alienation by one of the parents?
If that is the case then I think that is not a very good thing for the parent who is getting in the way of the relationship and essentially preventing the other parent from spending time with his or her child or children.
At least in Arizona child custody laws one of our best interest factors is Which parent is more likely to promote a frequent, meaningful and continuous relationship with the other parent. If one of the parents is not doing that then I would say that is a strike against that parent.
Now not all states may list that as a best interest factor in their custody laws and statutes, it is still something you can and should bring up to the judge during your custody hearing.
You can tell the judge, yes judge I have not been seeing my child because he or she, the other parent hasn’t been letting me.
The second thing to consider is if the other parent is letting you see your child or children and you already have been awarded parenting time but you are NOT seeing the child then why not? You should be exercising all the parenting time that you allowed to see with your child that is possible. If you are exercising less than the court has ordered then I would say that will be a problem for you.
IWendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
Download my FREE ‘Child’s Best Interest Checklist’ at www.commandthecourtroom.com
Facebook: / commandthecourtroom
Web: www.commandthecourtroom.com
My Law Firm: www.hernandezfirm.com

[@MsKG-nl5ot]

How to prove that the other parent doesn't make any effort to make time for the child?

[@Peppermon22]

What about a parent that walked out of the kids life for 5 years. He came back and is wanting the kids over night with no supervised visits.

[@Teewaree13]

This was excellent tips for me..Im going to court this Tuesday! This is like legal representation and consultation without paying for it. Thank you so much. The best interest factors I had no clue about;I live in Massachusetts, so this will be critical information I need to take into consideration and mention to the judge.

[@aurillashaw8382]

what if he is lying saying that I am keeping the kids away from him????

[@jermainepearson6835]

I think you should have led with a haven't been seen my child because she has not been letting me because that's usually how it goes down

[@andrewhamilton4600]

I'm in the Military and I have proof that my ex-wife is keeping me from seeing him. I live in another part of the country. I send for him(buy airline tickets) but she will come up with an excuse not to send him. Plus we have 50/50 joint custody and I am not considered in any decisions when it comes to schooling or anything. Can I go to court alone with this and have a good chance at getting custody of him?

[@angelamarchbanks2621]

These videos are super helpful. We are dealing (in California) a fight with my boyfriend's ex and parent alienation on our own. It's been helpful to watch and see what exactly we should be documenting and bringing to the court's attention.

[@jenabell2429]

I've kept a journal of all the times he's missed with her and the reasons why he stated he couldn't be with her from he had a headache to his son was sick so he couldn't leave the house putting in the court documents that he doesn't participate in any of her school functions doesn't know her teacher let alone how great she's doing in school and all the judge can say is that I'm being tedious nowadays the court does not care about all of the documentation to prove that the other party is not doing their job as a parent

[@divinceocristao3321]

I'm going pro se. Ty so much

[@orlandobrazier3010]

Your video was so helpful. Thank you very much. Even tho it's not for me , but still

[@oneone6865]

I really want to what can I do to stop her from going away with my daughter can u please help thank u

[@jessicajhonson6280]

same here my ex didnot pick up my child and had me arrested what to do he gets in the way of my relationship

[@leslierae2387]

I left my husband about 9 months ago, at the time I was 6 months pregnant and he hit me. I filed a police report and moved out of the state. I attempted to work things out and co parent but he continued to threaten me and mentally abuse me. He has not met our son or even tried he also hasn't helped financially at all. He calls using our son as an excuse to demand to know what I'm doing. I decided to cut off all contact with him out of fear and I'm gathering evidence in order to help my case. Will keeping him away hurt my case? Also it took me several months to admit the abuse to my family and decide to take the necessary steps to protect myself, will waiting to report the abuse hurt my case?

[@ABeautifulMess101]

Found this video very helpful. I'm currently going through this situation now. 😑

[@oneone6865]

Hi just want it to ask u what can I do if she moving with my please in I don't want my daughter to far away from me can u please help

[@ritamanley2246]

Husbands ex wife is ordered supervised visitation (due to drug charges) every Saturday dated back to December 2, 2014. She has never exercised her rights to do so. That wouldn't be considered husband is preventing her from the having a relationship with the children would it. I highly side with best interest of the children.

[@jacquelinebontzolakes9682]

NY Erie county my child's father is cousins with one of the judges. Things no matter what wrong he does always sways in his favor. Including failure to show up on time for supervised visits. He is the custodial parent. 17 out or 32 visits he was late over 10 minutes. For the one hour that I was given by the court. I went for unsupervised . It was denied. For FAILURE of family healing. I been in supervised for 7 years+. How can we heal with his interference? And one hour every other week? Suggestions? Should we change court venue? Should we demand change of supervision agency? Since this if the venue they chose to supervise us and it's "not helping heal the family"?

[@lonely_-wolf33norori11]

Why? Would a judge give 20% time sharing to the biological mother if the father had never been around

[@angelaortigoza6406]

What if the child is in south Dakota and father is in California the mother who has the child is not allowing the father to video chat or talk to his child no courts he just pays child support

[@jess89mc]

So my estranged husband hasn't cared to see our child in the last 8 months. He has even denied he was the father. It was only until The child support services started to get after him that he started to pretend he wanted to see my child and wanted time with him via email only 2 or 3 times in the last 8 months. He just recently filed a motion for joint custody and visitation and used the excuse that I am not letting him see our child or as the term you used "getting in the way" although I never responded with anything saying that I don't want him seeing our son etc. My question is: is if he can get away with using that as an excuse in court? How I am the one not letting him see our son or will the judge easily see that he didn't try and take actions to seeing our son?