If you are experiencing custody issues with your former spouse, you may be feeling overwhelmed and want to know what you can do to resolve these issues.
Custody Issues | Can’t Agree with Spouse
If you and your spouse can’t agree on a child custody arrangement, the court will require you to attend mediation. You shouldn’t see this as an imposition, but as an opportunity to sit down with an experienced, impartial mediator and try to work creatively to put your children’s interests first.
If you can’t work out an arrangement in mediation, a judge will decide for you. The judge, too, will prioritize the interests of your children – but keep in mind that no one knows your children better than you and your spouse, despite any disagreements, ill-will, pain, or resentment you might harbor. It’s usually best to come to a decision together, rather than leaving it up to a judge.
Custody Issues | Moving to Another State with My Child
Once you or your spouse has initiated divorce proceedings, the law prohibits you from moving a child out of state without the other parent’s agreement, unless you’ve obtained a court order lifting this restriction. Be careful: you could face kidnapping charges if you fail to observe the proper guidelines – and of course you’d lose custody of the child. Consult an experienced family law attorney if you have any questions.
Custody Issues | Ex Always Late for Visitation
If the non-custodial parent is late picking up or dropping off your child, you can take your former spouse to court to file a motion to reduce the amount of visitation time he or she has.
Custody Issues | Ex Not Letting My Child Travel
As the custodial parent, you have the right to take your children on trips, even outside of the country. If the non-custodial parent is refusing to allow this travel, refusing to allow your child to obtain a passport, or otherwise attempting to prevent you from traveling with your child, you can go to court and file a motion against the non-custodial parent. If you can demonstrate good reason why the child ought to be allowed to travel outside of the country, the judge will generally grant your motion.
Custody Issues | Ex Using Drugs/ Alcohol Around My Child
If you suspect your children are in danger because your former spouse is drinking, using drugs, or exhibiting uncontrolled anger, you need to correct this as quickly as possible, enlisting a skilled and experienced attorney to take your concerns to court. You must file a motion in court, and provide evidence substantiating your claims. The court will consider your motion and could either change the parenting time arrangement or take steps to correct the offending behavior.
If you need legal representation when dealing with these custody issues, please call our New Jersey divorce attorney today for a free consultation.