Saturday, August 17, 2013

Divorce - Custody Issues

Once a family law judge gives a final order on custody of the child or children, parents should realize that this is an order etched in stone that must be followed to the letter of the law.  When a spouse blatantly and with intent interferes with visitation rights, this should be brought to the attention of the court.

Do not take the law into your own hands and discontinue child support or alimony payments - before taking this child custody issue back to court talk with the ex. See if there are any mitigating circumstances that may be causing the problem.

If it becomes clear that the ex is misusing the child custody order as set down by the judge, its time to consider having a judge change or revisit the orders that he or she has handed down. The judge will be concerned if the ex's behavior is harming the child or children, you must have proof showing the times the ex has refused, interfered or conveniently prevented you your visitation rights.

The judge isn't going to buy into the story that you are the one being inconvenienced, but he or she will consider changing custody orders if the children are suffering. There are circumstances that may require intervention immediately if the spouse is neglecting the children or struggling with an illness or addiction.

It's always best to consult legal counsel on a child custody problem, because jurisdiction and child custody laws vary from state to state. Before meeting with counsel have a journal that shows date and time that you were refused visitation rights or your ex ignored the judge's orders. If the ex makes it a habit of not picking the children up timely or even waits until the next day without telling you or the children, log this information by time and date. The ex's actions may not be in the "best interest" of the children.

As Always,
Little Tboca
www.caseboss.com







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