Life speak less say more get the most out of saying the least In cases involving children, there is often a temporary parenting plan in place that allows both parents to have timesharing with the children while a divorce or custody matter is pending. Unless it is contrary to the health and welfare of the children, a court will not condone a parent withholding children from the other parent without justification and court intervention. During these trial periods, there may be a parent that will not follow the rules set in place by either the court or the parties, such as not exercising timesharing on allocated days, inconsistent pick up and drop off times, lack of attendance at school or daycare, and many other potential violations. Often the non-offending parent will want to rush to court on a motion for contempt to demonstrate to the court that the other parent is not complying with the court orders and doing things that are not in the best interest of the children. Unless this behavior is putting the children in physical or emotional danger, litigation at this juncture may not only be a waste of time and resources, but it may alert the other parent to issues better left for trial. Confrontation may be confirmation. By telling the other parent exactly what they are doing wrong to violate the terms or to act contrary to the children’s best interest, the violating parent is given a heads-up on what can later be used at trial to demonstrate to the court that the offending parent cannot abide by court terms. The parent that will not act for the benefit of the children is not the parent that should be rewarded with majority of the timesharing. Forewarning the offending parent may also allow them the opportunity to correct the deficiencies prior to trial. Speak less, say more. By the non-offending parent intentionally failing to point out to the other parent their shortcomings or failures, it allows the offending parent to unknowingly establish a pattern of non-compliance that the non-offending parent will later use to prove to the court the behavior and patterns of the offending parent a court may find detrimental to the child. Meet the Attorney Amanda Salcido is an attorney practicing in family and dependency law. She is also a soldier in the United States Army JAG Corps. She take a personal, hands-on approach in representing her clients. For more information visit her website. Salcido Law Office Call Amanda to schedule an appointment. 480-299-9969 SalcidoLawOffice.com 28 WomanToWomanMagazine.com
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