When One Parent Refuses to Co-Parent: What Happens in California

California custody battles have one important belief at their center: children benefit from frequent and continuing contact with both parents, assuming that it’s safe for the child. But if you’re co-parenting with someone who refuses to facilitate contact or actively undermines your relationship with your child, you need to talk to a child custody attorney in California who can help you protect your rights.

If a custody battle is keeping you up at night, it’s time to find a child custody lawyer you can trust. That’s where the Law Office of Taylor B. Warner, APLC steps in. Attorney Taylor B. Warner has built strong relationships in the Inland Empire area and served clients throughout this region, giving her the knowledge and experience needed to take on even the most complicated custody cases. Learn more about how our child custody law firm can help you by calling us at 909-466-5575.

What Refusing to Co-Parent Looks Like

Not every disagreement is considered misconduct in the eyes of the court. Parents don’t have to agree on everything, and they don’t even have to be nice to each other or like each other if it doesn’t affect their child. However, what the courts do expect is compliance with court orders and facilitation of the child’s relationship with the other parent.

Examples of behavior that may raise red flags for the court include:

• Denying court-ordered parenting time
• Intentionally hiding school or medical information
• Ignoring joint decision-making requirements
• Unilaterally changing schools or medical providers
• Interfering with scheduled exchanges
• Actively undermining the parent in front of the child

The court recognizes that ex-partners are likely to have some disagreements and face conflict when their parenting styles collide. However, they aren’t supposed to let those disagreements negatively impact the child.

California’s Preference for Frequent and Continuing Contact

In California, the law states that the child should have frequent and continuing contact with both parents. The state adopted this policy based on a growing body of research that shows that children fare best when they have strong relationships with both parents.

What does this mean for you? It means that if your co-parent obstructs the relationship between you and your child for no valid reason, they may not be acting in the child’s best interests. As a result, it may affect child custody decisions.

When a Parent Violates a Custody Order

If one parent repeatedly refuses to abide by a custody order, the court may step in. Your family custody attorney may document when one parent denies visitation, cancels hand-offs without a valid reason, or attempts to unilaterally change hand-off locations and times in a way that makes it impossible for you to get your child.

The court may order make-up parenting time or issue enforcement orders. If this is a serious pattern, the court may hold the other parent in contempt.

This is also an issue if a parent violates a legal custody agreement that gives both parents decision-making rights. When one parent unilaterally makes decisions that both parents should participate in, the court may review the parent’s actions and step in.

Parental Alienation and Undermining Behavior

Parental alienation is a serious issue that can chip away at the very foundation of a child’s relationship with their parent. Parental alienation may include speaking negatively about the other parent to the child, encouraging resistance to visitation, talking about the other parent in a way that makes the child frightened of them, and telling the child that they are disloyal to them if they love their other parent.

Courts take this behavior seriously when they find that it causes emotional harm to the child or threatens the child-parent relationship. It’s important to report these issues to your child custody lawyer so they can plan your next steps.

If these issues continue despite admonishment from the court, the court may have no option but to change the custody agreement.

Other Solutions for High-Conflict Relationships

Before moving forward with a custody change, the court may prefer to explore other solutions. Common solutions include:

• Co-parenting counseling
• Monitored exchanges (via apps like OurFamilyWizard)
• Written communication agreement

Discussing these options with your lawyer can help you prepare.

Protect Your Parenting Rights With Our California Child Custody Law Firm

The Law Office of Taylor B. Warner, APLC, is here to help you assert your rights as a parent and protect your relationship with your child. Call us at 909-466-5575 or get in touch online now.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.