Tips for Altering a Custody Arrangement

Examples Of Custodial Interference, And Possible Remedies From The Court

If you have been awarded your child’s custody or visitation, then it is only the court that can deny you this right. However, there are situations in which the other parent may act in a manner that bars you from visiting your child—this is referred to as custodial interference. This interference can take several forms, for example: Refusing a visit – consider an example where you are meant to have the child from Friday evening to Monday morning, but when Friday comes, the other parent refuses to let him or her leave. Restricted telephone contact – your former partner restricts your phone calls with the child to certain hours of the day. This may not be explicit; for example, he or she may always give you an evasive answer when you call to talk to the child. Keeping the child past the scheduled time – it may not be a big issue if it happens once or twice because unavoidable circumstances may create such problems. However, if he or she is always returning the child later than the scheduled times, then he or she is interfering with your custody. Encouraging the child to stay away – sometimes the parent may work indirectly to keep the child from you. For example, he or she may promise the kid gifts if he or she stays away from you, or threaten him or her if he makes contact with you. If you are experiencing any of these problems, then you should desist from taking the matter into your hands, for example, by taking the child away forcefully. Rather, you should contact your lawyer to petition the court for a remedy. Some of the possible solutions that the court may offer include: Makeup time – this directive gives you additional time, apart from the original schedule, to spend with your child. It may not be exactly the same duration that you were denied, but it should be comparable to this lost time. Change of primary custody – if you can prove active interference from the other parent, then you may succeed in getting primary custody of the child. Fines and fees – these may be levied if there has been repeated and serious violations of the custody or vitiation order. Third party visits – the court may also involve a third party in your dealings to ensure that vitiation runs according to the appointed […]

Getting Unhitched? Choose Your Divorce Attorney With Care

You should never go into a marriage with your exit strategy already on your mind, but sometimes you have no other option but to consider divorce. If you find that your marriage is in shambles, divorce might be the best path for all of those involved. Because divorce most likely is not something that you do everyday, you should consider hiring a divorce attorney, and because your divorce will have an important impact on the rest of your life, you should carefully consider who you hire to be your lawyer. Lawyer or Mediator? If you do not have children or a lot of assets, then you may not need a lawyer to handle your divorce. Sometimes all you need is a mediator. Staying out of courtrooms and away from litigation can help you to keep your costs down while still arriving at a divorce scenario that will work for both you and your soon-to-be ex-spouse. If you don’t think that mediation is right for you, but you still want to stay out of the courtroom, then you should consider a collaborative divorce, which is designed to arrive at a workable co-parenting relationship.  Headed to the Courtroom If you think that traditional litigation is the only option that will work for you, you need to be very careful about which lawyer you pick. You should start by interviewing three different lawyers to try to find one that will work well for your situation. When you interview a lawyer, pay attention to warning signs. For example, if your lawyer barely has time between answering emails and phone calls to listen to your interview, then chances are that they will have a hard time focusing on your case. You should also screen your potential lawyers to make sure they have experience with cases like yours. Don’t be afraid to research all you can about your lawyer before you go into your interview. The more you know about your lawyer, the better able you are to make a good decision. If you are thorough with your vetting process, you can avoid the unfortunate circumstance of finding out partway through your divorce that your lawyer is not right for you.  When you are faced with the need to end a marriage, you need to be sure that you don’t rush into it. Taking time to weigh your options before you start divorce proceedings will give […]