Client’s Ex Moved Their Child Out Of The County Without Giving Written Notice.

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:


Frank_Moving BoxI 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.

Avoiding the Pitfalls of Child Visitation Issues

With all of the potentially disastrous outcomes in a divorce, the one you really don’t want to mess up on is Child Visitation, and navigating this issue isn’t as common sense as you might think. You’ll do well to remember the following:


CWDblogpostNo11a1. Passing on a Scheduled Visitation Doesn’t Give you the Right to Withhold Visitation.

So you passed up a chance to spend time with your kids because of a scheduling conflict. Your Ex got to keep them for that weekend, so to even the score, you deny your Ex a scheduled visitation. It’s only fair, right? Not to the courts. Taking this approach is refusing to comply with a court order.  It’s a good way to lose time with your kids, end up paying more child support, or get thrown in jail for contempt. Don’t do it!

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.e scales in your Ex’s favor.


CWDblogpostNo11b2. Don’t Withhold Visitation for Failure to Pay Child Support or Vise Versa.

This is another way to wind up in jail for contempt, and for your Ex to wind up with the kids. It’s also a good way to end up paying more child support. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time.


CWDblogpostNo11c3. Make Sure You Read and Understand All Court Orders in Your Case.

This is true for any and all issues in your divorce, but I mention it here because dealing with children is an emotionally charged issue, and parents find it tempting to bend the rules. Know and understand what you’ve been ordered to do by the court, and do it. “I didn’t know” or “I forgot” or “I didn’t think that’s what the order said” is not going to cut it with the judge. It’s also a good way to get thrown in jail for contempt.

 

Dealing with Your Ex through the Divorce…Three Things to Remember:


CWDblogpostNo10a1. If You Have Kids, Divorce is Not the End of Your Relationship With Your Ex.

Until your youngest child turns eighteen, you are going to be dealing with your Ex. That means birthdays, holidays, family gatherings, etc. If you are unreasonable or just difficult with your Ex now, chances are your Ex will be difficult with you, something that could go on for years.

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.


CWDblogpostNo10b2. Remember: Do The Right Thing if You Expect The Court To Do The Right Thing.

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.


CWDblogpostNo10c3. Don’t Make Verbal Agreements With Your Ex.

I know it’s a pain to document everything that transpires, but if you don’t, you run the risk that your Ex will later deny a particular agreement with you, leaving you the impossible task of trying to prove it later. Trust me. If it’s not in writing, it doesn’t exist. If your Ex is not completely trustworthy, either write everything down on paper and have them sign it, or send a text or email confirming the agreement. If you don’t, you’ll wish you had.

 

By | 2016-10-27T00:30:12+00:00 May 18th, 2016|Categories: Divorce, Family Law-General|Tags: , |0 Comments