Badmouthing the Other Parent
By: LawInfo
Published: 10/2008
What Happens When a Divorcing Parent Bad-Mouths the Other in Front of their Children?
Marriage is a contract between two people that can be ended simply by divorce at the time of their choosing, unless children are involved. Children entangled in divorce reasonably cause the courts to proceed cautiously and with concern for their hearts and minds. Accordingly, when a parent bad-mouths the other in front of the children, the legal system will step in to prevent this from reoccurring.
Dirty Tactics
Parents, previously concerned about their children’s well being, can suddenly lose all regard for the affect of their actions upon them during divorce. Although there are many down and dirty tactics used in custody disputes, one of the most frequently used is a parent saying disparaging remarks about the other parent to the children. These remarks can create uncomfortable situations which negatively affect a child, including: anger toward one or both parents, belief in false information, not wanting to spend time with a parent or no longer feeling comfortable around a parent.
Bad-mouthing is often used as a tactic to not only hurt the other parent but to also push to get one’s way. If a child hears negative remarks about a parent they may no longer want to visit them or may desire to live primarily with the other parent. It may also occur because a parent may feel like they have no control of the situation with their children and the only thing they can control is what they say to them.
Legal Response – Parenting Plans
Knowing that many normally rational and sane adults can suddenly become irrational and insane during a divorce and a custody dispute, most courts use preemptive actions in dealing with the children. Often a judge will require parents to together develop a parenting plan. A parenting plan can involve anything that is relevant in dealing with the children including living arrangements, visitation and most importantly dispute resolution. Therefore, when the parents disagree they must first turn to the parenting plan to determine how to resolve the dispute.
Diffusing Bad-Mouthing
There are many benefits to establishing a parenting plan early in the process:
• It ensures both parents are involved in the development of the child
• Brings parents together to determine what is most important
• It can establish a system to work out disputes that will avoid involvement of the legal system
• Puts the child first and foremost
Generally, when a divorce action is begun, parents are not permitted to speak disparagingly about the other to the children, although for many reasons previously discussed it may still occur. A parenting plan can preemptively prevent bad-mouthing and also diffuse an existing negative situation. It will give both parents an opportunity to discuss what is important to them and their children. Also, by providing an opportunity for agreement on these items, anger between parents that causes bad-mouthing may be diffused, thus providing an outlet for discussion and resolution rather than disagreement.
For more information on bad mouthing, contact a family law attorney today.
Marriage is a contract between two people that can be ended simply by divorce at the time of their choosing, unless children are involved. Children entangled in divorce reasonably cause the courts to proceed cautiously and with concern for their hearts and minds. Accordingly, when a parent bad-mouths the other in front of the children, the legal system will step in to prevent this from reoccurring.
Dirty Tactics
Parents, previously concerned about their children’s well being, can suddenly lose all regard for the affect of their actions upon them during divorce. Although there are many down and dirty tactics used in custody disputes, one of the most frequently used is a parent saying disparaging remarks about the other parent to the children. These remarks can create uncomfortable situations which negatively affect a child, including: anger toward one or both parents, belief in false information, not wanting to spend time with a parent or no longer feeling comfortable around a parent.
Bad-mouthing is often used as a tactic to not only hurt the other parent but to also push to get one’s way. If a child hears negative remarks about a parent they may no longer want to visit them or may desire to live primarily with the other parent. It may also occur because a parent may feel like they have no control of the situation with their children and the only thing they can control is what they say to them.
Legal Response – Parenting Plans
Knowing that many normally rational and sane adults can suddenly become irrational and insane during a divorce and a custody dispute, most courts use preemptive actions in dealing with the children. Often a judge will require parents to together develop a parenting plan. A parenting plan can involve anything that is relevant in dealing with the children including living arrangements, visitation and most importantly dispute resolution. Therefore, when the parents disagree they must first turn to the parenting plan to determine how to resolve the dispute.
Diffusing Bad-Mouthing
There are many benefits to establishing a parenting plan early in the process:
• It ensures both parents are involved in the development of the child
• Brings parents together to determine what is most important
• It can establish a system to work out disputes that will avoid involvement of the legal system
• Puts the child first and foremost
Generally, when a divorce action is begun, parents are not permitted to speak disparagingly about the other to the children, although for many reasons previously discussed it may still occur. A parenting plan can preemptively prevent bad-mouthing and also diffuse an existing negative situation. It will give both parents an opportunity to discuss what is important to them and their children. Also, by providing an opportunity for agreement on these items, anger between parents that causes bad-mouthing may be diffused, thus providing an outlet for discussion and resolution rather than disagreement.
For more information on bad mouthing, contact a family law attorney today.
Other Family Law Articles
-
Saying I Do: With a Prenuptial Agreement
Wedding days are often preceded by deciding on flower arrangements and planning a romantic honeymoon. While those things are important and make your special … More -
The Difference Between Marriage and Civil Unions
Much is made in the media about the differences between marriage and civil unions but what exactly are those differences and are they significant? People, … More -
Common Law Marriage
It is possible to get married without saying “I do” – at least in a minority of states and the District of Columbia. Currently, 11 states and … More -
The Legal Aspects of Getting Separated
Many people view legal separation as a step toward a divorce and, while it may be that, it is also an important legal process in its own right. Therefore, it is … More -
What to Bring to Your Divorce Consultation
A divorce is a life changing event. Sometimes a divorce is amicable and sometimes it is contested. Either way, it is wise to hire an attorney with whom you … More -
How to Go Through a Divorce
No matter what the circumstances, a divorce is a big change. It fundamentally changes the family structure and often the day to day life of the soon to be … More -
How to Avoid Having Your Prenuptial Agreement Declared Invalid
Prenuptial agreements provide stability and certainty to married couples who decide to divorce but only if the prenuptial agreement was properly executed when it was … More -
Divorce and Division of Assets
Divorce is the legal termination of a marriage Divorce is different from a separation in that, by law, the marriage is considered to be formally ended. A … More -
Distribution of Property Upon Divorce
Getting divorced involves a lot of financial decisions. The property, including real estate, stocks, personal property, bank accounts and other things, needs to … More -
When and How do Courts Order Spousal Support?
When married couples divorce, courts have the authority to order that one spouse pay the other spouse spousal support. Spousal support, which is also known as … More
