This is the first in a series of three posts in which I highlight positive outcomes for cases that I’ve handled over the years and what you can learn from them. This is not a representation of the outcome in your particular case, but rather an explanation of what happened in these specific cases:
I represented a mother whose Ex voluntarily took temporary custody of their child while she fled from an abusive situation with her new spouse. Once she was safe, however, her Ex refused to return the child to her.
This of course was not okay with my client. We were able to gain a positive outcome using a child custody law that runs something like this:
If you are going to move outside the county and take the children with you, you must give the other parent notice in writing and send that notice by certified mail, return receipt requested.
Failure to follow this rule makes a court less likely to permit you to take the children with you. Whether you give notice or not, you must prove that the move is in the children’s best interest.
Because the Father did not follow this rule when he moved to a new county, and because he failed to follow the previously agreed upon visitation plan, this put him in violation of the law. Because of this, I was able to persuade him to comply with the previously agreed upon visitation schedule, thereby avoiding litigation and its expense.
Negotiate when you can. Fight only when you must.