Parental Alienation And Interference In Arizona Child Custody Matters

The only thing more heartbreaking than two parents breaking up is the custody battle that can follow afterwards in some cases. It becomes even worse if one or both parents actively try to sabotage the child’s relationship with the other parent. Two commonly used legal terms to describe this type of behavior are parental alienation and interference. If you’re in a high-conflict family law matter, it’s important to learn more about these concepts so you can recognize the signs and take action to prevent further damage to your relationship with your child. Read on for further discussion on parental alienation and parental interference, and how they can affect family law cases in Arizona. To schedule your free consultation with an experienced Arizona child custody attorney, call 480-680-9126. 

Arizona Child Custody Basics

One needs to understand the basics of Arizona’s child custody laws before diving into more nuanced subjects like parental alienation and interference. These laws can come into play whether or not two parents were married before breaking up. The first thing to understand about child custody in Arizona is that it is divided into two components: parenting time and legal decision-making. They are more informally referred to as physical and legal custody. In Arizona, family law judges are directed to hold a presumption that in custody matters, it is best for the parents to split custody equally. This presumption can be rebutted by evidence that 50/50 custody would be against the child’s best interests. Arizona’s best interest factors for child custody matters can be found in A.R.S. § 25-403. Parental alienation and interference are both considered to be against the child’s best interests. Both parents can maintain legal decision-making rights over a child while the child is in one parent’s physical custody. How emergency issues will be resolved can be determined in the child custody orders. 

Parental Alienation

Parental alienation and parental interference are similar but separate family law concepts. Some may consider parental interference more severe, but parental alienation can cause emotional damage that disrupts a child’s entire development. A parent engages in parental alienation when they manipulate their child to poison their relationship with their other parent. This is one reason that it’s important to avoid discussing details of your divorce or breakup with your children. Some examples of parental alienation include:

• Making the child feel guilty for time spent with the other parent by crying, sulking, etc., before and during custody exchanges
• Replacing the other parent by making the child call a new partner “Mom” or “Dad”
• Badmouthing the other parent’s career, lifestyle, and other choices to the child or within earshot of the child
• Using the child as a spy to find out personal details about the other parent’s new lifestyle
• Purposely withholding details about school events, medical appointments, etc., to make the other parent look absent
• Consistently undermining reasonable rules set by the other parent to be seen as the “fun” parent
• Blaming the child’s other parent for financial issues in the household 
• Rewriting history by insisting that family memories involving the child and their other parent were actually terrible
• Creating fear in the child by speculating about bad things that will happen to them while in the other parent’s care

Parental Interference

Parental alienation involves the child’s emotional relationship with their other parent, while parental interference involves physically or logistically blocking the child from seeing their other parent. It can be easier to distinguish the difference between the two with examples:

• Refusing to hand over the child during designated custody exchanges
• Picking the child up from school, daycare, or extracurricular activities early to steal the other parent’s custody time
• Taking away the child’s phone and other electronic devices during their scheduled phone visits with their other parent
• Unilaterally changing the child’s schedule so that it conflicts with the other parent’s schedule
• Spamming the child with texts, calls, and drop-ins while they are with their other parent
• Making major educational, medical, or religious decisions for the child without consulting the other parent in accordance with legal decision-making orders
• Unilaterally removing the other parent as an emergency contact for the child’s school, extracurricular activities, etc. 
• Denying overnights and other visitation, claiming that the child is sick, not emotionally ready, etc. 
• Withholding the child’s passport or other identification documents for approved travel
• Blocking the child’s other parent’s phone number and other contact information on their digital devices 
• Hiding or absconding with the child

Remedies for Parenting Time Violations

It’s crucial for a parent to seek action as soon as possible after child custody orders have been violated to avoid setting a precedent. Some of these potential remedies are laid out by A.R.S. § 25-414. They include:

• Order parenting time or visitation to make up for the missed sessions
• Find the violating parent in contempt of court (which can result in jail time, fines, etc.)
• Order parent education or family counseling at the violating parent’s expense
• Order civil penalties of up to $100 per violation to be paid into a county alternative dispute resolution fund
• Order both parents to attend mediation or another form of alternative dispute resolution at the violating parent’s expense
• Make any other orders that promote the best interests of the child involved

When a parent requests remedies under Section 25-414, a hearing must be held on the matter within 25 days of service. If the court agrees that a parenting time violation occurred, the violating parent can be held liable for all court costs and attorney’s fees. Alternatively, if the court sides with the custodial parent, they can also be awarded costs and attorney’s fees. 

Modifying Child Custody Orders

When a parent has been found to be in serious violation of court orders, it typically requires some form of custody modification. This is a formal change in court custody orders to reflect the changing situation. Typically, child custody orders can only be modified after 12 months in Arizona, unless there is an emergency situation putting the child in danger. The judge may find that a modification is necessary due to the severity of a parent’s violation. Here, it may be appropriate to reduce the violating parent’s parenting hours, or even require supervision during visitation. The judge may also find it necessary to order that custody exchanges occur under third-party supervision. After such a modification, one parent may become the child’s primary custodian, which could have significant implications for child support obligations. 

Fight Back Against Parental Alienation and Interference with Our Arizona Family Law Team

Parental alienation and interference have the potential to cause irreparable damage to your relationship with your own child. It could even end up being enforced by court orders if the judge rules against you in custody proceedings. The situation can become even worse if your ex has legal representation and you don’t. Level the playing field or even give yourself an advantage by hiring a skilled family law litigator. Our experienced Arizona family law attorneys deliver results for our clients, no matter their situation. Discuss your case with no risk or obligation by scheduling your free consultation. Get started today at 480-680-9126 for more information.