Child custody cases can be emotionally charged and stressful, especially when one parent uses harassment as a tactic to gain control or manipulate the situation. Harassment during a custody case not only affects you as a parent but can also create a toxic environment that negatively impacts your child’s well-being. It’s essential to recognize when another parent’s behavior escalates to the point that legal intervention is necessary. Knowing how to document specific incidents and navigate the court system, as well as how to address harassment, is vital for protecting yourself and your children. Collaborating with a child custody attorney can help you maintain your focus on being the best parent for your children.
Forms of Harassment in a Custody Case
Harassment is often thought of as pervasive and severe behavior used to harm another person. However, harassment is oftentimes more subtle, and harassers use a variety of tactics to cause harm to their victims. However, harassment in custody cases often takes the following forms:
- Verbal Abuse: Insults, threats, or demeaning comments in person, via text, or on social media.
- Emotional Manipulation: Attempts to intimidate or guilt-trip you regarding custody decisions.
- Physical Stalking or Intimidation: Following you, showing up uninvited, or creating a physical sense of fear.
- Legal Harassment: Filing baseless motions or using court processes to burden you unnecessarily.
- Interfering with Parenting Time: Disrupting visitation schedules or alienating the child against you.
While some actions may be subtle, others can escalate into abuse or create an unsafe environment for you and your child.
Steps to Handle Harassment During a Custody Case
Especially with subtle forms of harassment, it can be tempting to just ignore the behavior. However, harassment is taken very seriously by the court and should be documented and reported. Follow these steps to handle harassment during a custody case:
1. Document Harassment
Keep records of any text messages, emails, voicemails, social media posts, or other documents that demonstrate harassment. If you do not have a record, create your own log of incidents of harassment, noting dates, times, and descriptions of what occurred. If harassment occurs in front of others, ask them to provide written statements or testimony.
Having thorough documentation will help you present evidence to the court if needed.
2. Set Boundaries and Limit Contact
You do not need to have more contact with the other party than you are comfortable with. Use email or text messaging instead of phone calls or in-person conversations to reduce conflict and create a record of all communications. Make clear that the only acceptable communication is about the child’s needs and stick to that boundary.
3. Seek Legal Protections
If harassment becomes threatening or dangerous, you can seek a restraining order to protect yourself and your child. You should also report physical intimidation, stalking, or threats to local law enforcement. If the harassment poses a risk to your child, notify the court and request modifications to custody or visitation.
How Courts Address Harassment
California courts take harassment during custody disputes seriously. Judges have the discretion to take a variety of actions, including:
- Modifying custody or visitation arrangements
- Ordering supervised visitation or limited contact between the harassing parent and the child
- Imposing penalties on a parent engaging in harassment, including contempt of court charges
By bringing documented evidence of harassment to court, you increase the likelihood of a resolution that protects you and your child.
A Child Custody Attorney Can Help You Navigate Harassment During Your Custody Case
No one should endure harassment, and there are resources available to ensure your well-being throughout the custody process. A child custody attorney can help you properly document instances of harassment and assist in exploring help through the court if necessary.
At the Law Office of Darshann M. Wienick, we specialize in high-conflict situations and can help ensure your interests and the interests of the child are represented. If you find yourself in need of a child custody lawyer, consider partnering with us. Get in touch today to schedule a consultation.
