It is not unusual for people who share a child who are in the process of a custody dispute to have differences arise. Many times, during a custody proceeding, those emotions can run high and can become exacerbated to the point that one parent talks negatively about the other parent to other individuals and even to the child. When that happens, you may be asking whether or not the court can intervene to limit the other parent’s behaviors?
It is not uncommon for trial courts, in the process of a custody matter or a divorce in which children are involved, to issue what are known as “non-disparagement clauses”, which limit what a parent may say about the other parent. Courts have grappled with whether or not “non-disparagement clauses” may be issued, as the Indiana appellate courts have found that these clauses are a restraint on speech that has not yet occurred, and therefore, while they are not unconstitutional per se, there is a heavy presumption against their constitutional validity. The Indiana appellate courts therefore have found that this type of censorship therefore can only be justified if they meet the most compelling governmental interest.
The appellate courts of this state have found that protecting a child from exposure to disparagement between their own parents is a governmental interest. Therefore, if the non-disparagement clause is put in effect to protect the child’s best interests, then it is something the court can order. To achieve that, the court can limit how the parties may communicate and what they may communicate about, with the goal of protecting the child’s best interests remaining in the forefront.
If you or someone you know has questions or need assistance with issues relating to communications between your child’s parent and yourself, consulting with a family law attorney regarding your options can be helpful. The experienced family law attorneys at Banks & Brower, LLC can help with your paternity needs. Give us a call at (317)-526-4630 or email info@banksbrower.com to help you navigate your case.