Stick figure parent unable to see children as they are with the other parent.

A parent that has primary physical custody of a child is usually called the custodial parent.  The other parent is called the non-custodial parent. Generally, parents have joint legal custody of the children, meaning changes affecting the child’s best interests are equally shared between the parents, and if the parents do not agree, the change does not occur. Oftentimes in a joint legal custody situation, the primary parent will make many decisions without consulting the non-custodial parent for expediency, but sometimes it is done to exercise control to make force the change.  If the non-custodial parent is being left out of decision-making for the child it can make the non-custodial parent feel left out and not part of the child’s life. Any judge will tell you as long as a parent is fit, willing, and able to help in decision making that is in the child’s best interest, the parent will have equal say in the change or the change will not occur. If the custodial parent continues to neglect involving the non-custodial parent in decisions about the child, it could have a negative impact on the parent-child relationship and a poorer effect on the co-parenting relationship that will undoubtedly deteriorate.  If your co-parenting relationship is affecting your ability to make decisions for the best interest of your child, you should seek the help of a mediator or an attorney to find a resolution.


 
Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond
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