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Five Ways to Solve Common Problems with Child Custody
Divorce can be a difficult struggle to endure, and a child custody dispute can change a stressful process into an all-out war. Even once a decision is made, the fallout of the settlement can still incense and enrage both former spouses. Issues with child custody can persist long after a divorce is finalized if one or both former partners are perceived as not doing their fair share. Below are some problem solving child custody tips you can use to tackle five frequent bones of contention relating to child custody, and bearing these tactics in mind can help to resolve these issues once they have arisen.
1. If You Cannot Reach a Settlement, a Mediator Can Be Your Greatest Ally.
If you and your spouse cannot agree on a child custody arrangement, the court will require you to attend mediation. You should see this as an opportunity to sit down with an experienced, impartial mediator and try to work creatively to put your children’s interests first.
2. If Your Former Spouse Wants to Move Your Child to Another State, You Can Say No.
Once you or your spouse has initiated divorce proceedings, the law prohibits both of you from moving a child out of state without the other parent’s agreement unless you or your spouse has obtained a court order lifting this restriction. There can be kidnapping charges put in place if there is a failure to observe the proper guidelines.
3. If Your Former Spouse Is Regularly Late, You Can Reduce Visitation Time.
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.
4. If You Are Prevented from Traveling with Your Child, You Can Sue.
As the custodial parent, you have the right to take your children on trips. If the non-custodial parent is attempting to stop you from traveling with your child, you can 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.
5. If There Is Drug or Alcohol Use Around Your Child at Your Former Spouse’s Home, You Can Take Legal Action.
If you suspect your children are in danger because your former spouse is drinking, using drugs, or exhibiting uncontrolled anger, you can file a motion in court. The court will consider your motion and could either change the parenting time arrangement, or take steps to correct the offending behavior.
Children are just as affected by divorce as their parents are, even though the children themselves participate little in the legal aspects of the process. In the cases in which spouses are both unable to come to a straightforward and mutually agreeable decision regarding child custody, mediators and judges can step in to act in the best interest of the child. When such intervention is necessary, Brian Freeman, one of our experienced child custody attorneys in New Jersey can help you to positively and impactfully represent yourself in court, potentially leading matters related to the custody of your child being settled in your favor. We hope these child custody tips helped. If you have any questions, please contact us today for a free consultation.