Traveling as a family isn’t very complicated. As a duo, you were able to decide on the best location, dates, budget, meals, and packing strategy. In a divorce, traveling with children is a whole new ballgame. Suddenly your plans require extra steps and the law can get involved.
Traveling plans affect custody agreements in a variety of ways. Depending on traveling plans, custody agreements are subject to modification. If you have concerns about your custody agreement and are in search of a divorce lawyer, please refer to your local directory and get the answers you need regarding child custody.
Local lawyers will fight for you and your child’s best interest and will provide you with unique and individualized attention. While there are little-to-no ways of avoiding traveling issues between you and your ex, there are steps that can be taken to ease the process.
Please consider the following step by step maneuvers when dealing with child custody and vacation:
Have a Written Agreement
Needless to say, upon divorce there must be a written document in place that addresses child custody arrangements. There are no defined rules for custody and you and your partner are allowed to modify pre-established agreements. Within this agreement, should be a section designated to special occasion custody circumstances. When undergoing a divorce, it is critical to have in writing, under what circumstances one parent is allowed to travel with the child.
Can the child and parent leave the country? Will they be unsupervised? Is the other parent allowed contact with the child during the vacation? All these concerns and more must be addressed in writing to avoid disputes and serious legal complications.
What is a Controlling Document?
Specific conditions related to travel should be included in a controlling document. There are basic provisions that should be clarified within the document, such as whether the parent must be notified if the parent is taking the child out-of-state.
More specific issues should be clarified as well. If one parent has pre-decided custody for a certain holiday, but the other parent wishes to take the child on vacation during the same holiday, the protocol for those circumstances must be made clear.
Who is allowed to travel with the child and parent and who is not? This should also be included in the document. Who will provide proper travel gear for the children and who will store this equipment? Is the child allowed to miss school days for vacation time? All of which must be addressed in advance. An important issue that must be decided upon divorce is which parent will store travel papers and official documents and how soon must they provide the other parent with that information.
If your ex successfully takes the children on vacation and then begins violating your previous agreements, you are allowed to sue them for breach of contract. If your ex does not allow you to speak to the children on vacation, you can file a motion with the court and have your former spouse held in contempt of a court order. This notifies your ex that if they continue to breach the agreement, you will take legal action – just because they are not physically reachable, they will face consequences.
Don’t Wait, Contact A Divorce Lawyer Who Can Provide Assistance
There is no way to completely prepare for every possible scenario that may occur upon traveling. The more issues you and your ex are able to address and reach consensus on prior, the better. If you are in search of a qualified divorce lawyer and want legal guidance on custody issues, contact a legal team to schedule a meeting with a passionate professional today and ease your custody concerns.
The post Child Custody & Vacation: How Can Travel Plans Affect Your Custody Agreement? appeared first on Divorced Moms.
When it comes to child custody battles, the deck is often stacked against dads. There are numerous gender stereotypes that work against fathers in all family law matters, but they seem especially pronounced in child custody issues.
The unfortunate reality is that child custody is the practice area of divorce that tends to cause the most heated disagreements. Divorce can impact nearly every aspect of your life, but matters such as property division and spousal support pale in comparison to the relationship you have with your kids. Far too frequently, dads are relegated to a secondary parent role when custody is determined.
If you are a father facing divorce and an ensuing child custody battle, it is best to take steps so that you are prepared for what lies ahead.
Contact a child custody attorney
The single most important thing you can do to prepare for your child custody case is to hire a family law attorney who focuses on fathers’ rights.
There are a number of different factors you should consider when choosing a divorce lawyer, but first and foremost you need to make sure you find an attorney who understands the specific challenges men and fathers face in family law.
Fortunately, there are law firms out there, such as Cordell & Cordell, that are solely dedicated to providing dads the legal guidance and resources they need during the divorce process. These fathers’ rights attorneys are well-versed in the child custody statutes in your jurisdiction and equipped to navigate the treacherous minefield of custody battles you are likely to face.
Cordell & Cordell understands the concerns men face during divorce.
Pay attention to details
If you are seeking sole custody or joint custody, it is vital that you show you are invested and engaged in your child’s life. This means knowing everything from your child’s school schedule to the names of their best friends.
As their dad, this is likely information you already know, but do not leave it to chance. A judge can tell the difference between a father who is intimately involved with his child’s life versus a dad who is a passive participant in it.
Don’t confide in your child
Divorce is such an emotionally trying time that many fathers find themselves desperate for a listening ear to vent their frustrations to. But no matter how stressful your divorce gets or how frustrated you get with your ex, do not rant and rave to your child.
Trashing your ex in front of your child can potentially lead to parental alienation, which is incredibly damaging. It can also badly hurt your child custody case. If a judge finds out that you are using your child as a therapist and turning them against their mother, they are likely to question whether you truly have their best interest in mind.
It is important not to keep things bottled up as you are going through the divorce process, but talk to a friend, a trusted family member, or a mental health professional such as a therapist or counselor. Leave the kids out of it.
When a marriage falls apart, it is difficult to avoid having some hard feelings towards your ex. However, regardless of what you think of her, it is for the best if you two can work together to have an amicable relationship post-divorce.
After divorce, you might wish to never even see your ex again, but that is not realistic when you have children. Although you are no longer husband and wife, you are still both co-parents and you are going to need to communicate on some level as you raise your child.
Review some of the best practices for effective co-parenting and try to implement as many of them as possible. Of course, good co-parenting is somewhat dependent on cooperation from your ex, and that is out of your control. If your ex is especially disagreeable, consider utilizing a parallel parenting model of co-parenting to avoid conflict.
It is a good idea to start keeping a journal recording important names, dates, places, and people in the lives of your children. You should also detail any negative behaviors from your ex that could help your case, such as engaging in alienating behavior.
Make sure you list precise times and dates. Attention to detail, or lack thereof, can make or break you child custody case.
Understand your state’s child custody laws
Child custody laws can vary substantially from state to state, so one of the first things you should do is familiarize yourself with the custody statutes in your jurisdiction.
Paying attention to the fine print is tedious, but it is the only way to know what you are up against before your child custody hearing. Reading up on the latest custody laws can also help you figure out a list of questions to ask your divorce lawyer as your court date nears.
Follow proper courtroom etiquette
If you hope to win child custody you have to make sure you behave appropriately in court and follow correct protocols. Talk with your attorney about what is expected on the day of your hearing. It might even be a good idea to do some roleplaying with your divorce attorney ahead of time to ensure that you understand the expectations prior to your court appearance.
You will also want to make sure you dress appropriately to make a positive impression. Typically, you will want to wear something formal that conveys that you are well put together and a responsible adult.
Monitor social media
When you are in the midst of a child custody battle, it is for the best to shut down your social media accounts across the board. There is not much upside to having those accounts open during this time.
Whatever you do, do not post any details about your case. You should be very careful about all the content that you post because it is very easy for someone to form the wrong impression without proper context. For example, you might post a picture of you and your friends having a couple drinks and the opposing party could use that photo as evidence that you are partying too much and not a responsible parent.
A temporary social media blackout is really for the best.