When parents separate or divorce, one of the most common and emotionally charged questions revolves around child custody arrangements. Many wonder, can you lose custody for not co-parenting in Riverside, CA? Co-parenting is not only strongly encouraged, but it is also favored by the courts. However, not getting along or communicating with your child’s other parent doesn’t necessarily equal losing custody of your child.
It is possible to parent without being cooperative, but you will likely hurt your position if you continually and unreasonably refuse to communicate with your child’s other parent or co-parent under Riverside child custody laws. Your child’s well-being is at the heart of this issue.
When determining child custody arrangements in Riverside, the court will follow California family law statutes, which typically encourage both parents to co-parent whenever possible. Co-parenting requires parents to cooperate with one another by equally sharing child-rearing responsibilities, discussing and addressing the child’s needs, and creating a sense of continuity and stability in the child’s life.
The court will usually consider the degree to which one parent’s failure to co-parent with the other parent disrupts the child’s daily life and routines, generates hostility, or otherwise negatively impacts the child.
Keep in mind that there can be a wide range of what “not co-parenting” means, including things like minor conflict, all the way to interference with visitation or decision-making. Courts usually prefer to use less punitive means to try to reduce the level of conflict, such as mediation and parenting classes.
However, where one parent refuses to cooperate and this has a negative impact on the child’s relationship with the other parent, the court can change custody/visitation orders if that is in the best interest of the child.
The main concern of the court is whether the parents’ behavior negatively impacts the best interests of the child. If a parent refuses to co-parent and this leads to alienation of the child, denial of visitation, or emotional harm to the child, then the courts may take this into consideration.
A judge can reduce the custodial time for a parent or limit a parent to supervised visitation. A judge can also order a parent to lose all custodial rights if it is shown that co-parenting is extremely difficult or impossible.
Judges do not like to take a parent’s child custody away simply because the two adults cannot get along or have clashing personalities. Judges want to ensure that the child’s safety, stability, and emotional well-being are met. A parent who tries to actively undermine the co-parenting process can be ordered to attend counseling or parent education. The judge wants to help the parent realize that being negative is not helpful and that a positive approach is most beneficial.
The U.S. Census reported that in 2022, married-couple households represented 47% of all households, which is a drop from 71% in 1970. In 2022, married parents maintained 65% of all family groups with children under age 18, highlighting the increasing need for amicable co-parenting situations.
If you are dealing with a co-parenting or custody problem, it is in your greatest interest to hire a child custody lawyer who is well-versed in Riverside child custody laws. A child custody attorney can guide you through the legal process, help you to understand your rights and responsibilities, and do what is in their power to help you protect your bond with your child.
An attorney experienced in child custody cases can also help you advocate for other ways to address the problem, such as with mediation or collaborative law. Both of these are methods of dispute resolution that allow for less contentious interactions between the parents as they work toward creating a parenting plan that works for everyone involved.
Edgar & Dow is a family law-focused law firm. We practice only family law, and we’ve been handling family law cases for clients in Riverside, Temecula, and Anaheim since 2004. We know how difficult custody and family law issues can be, and we are committed to providing you with honest, compassionate, and effective legal representation.
We fight hard to protect your rights and pursue the greatest possible outcome for you and your family. If you have a custody issue, you can trust us to be by your side every step of the way. We are located right by the Riverside Family Court.
You will not automatically lose custody if you do not co-parent, but if you stubbornly refuse to communicate or attempt to frustrate the other parent’s relationship with the child, you can damage your case. California courts make custody decisions in the child’s best interests, and where co-parenting problems impact the child’s best interests, custody may be affected.
If co-parenting is challenging, consider mediation or counseling to enhance communication and reduce conflict. Focus on the child’s best interests and seek legal guidance from a family law attorney to establish clear boundaries and parenting plans. Prioritize stability for your child despite difficulties in cooperation. Speak with your attorney about your options.
When a parent doesn’t attend a custody hearing, the court may take action and hold a hearing without that parent. The judge will consider the evidence presented and may make a decision in the case. In some cases, this could result in the court granting a default judgment in favor of the other parent. If you are unable to attend a custody hearing, it is important to inform the court and your attorney.
Losing custody is devastating, but try to maintain a healthy, positive relationship with your child through visitation and communication. Seek support from counselors or support groups, and work with a child custody lawyer to understand your rights and explore options for modifying custody in the future. Prioritize your child’s well-being throughout the process.
If you need assistance in maintaining or establishing a positive custody order, Edgar & Dow can help you fight for your child’s best interest. Contact us today to get started.
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