My ex took the kids
and won’t let me see them. How do I get
custody?
Child custody still usually goes to the mother at the onset, unless the father is stay-at-home and has undertaken all of the childcare in the relationship. Sometimes, however, one party will move out and not really see the kids overnight until they have a permanent place to live. In this case, they usually visit their children during the day. However, it is possible that when you get to court, the judge will rule that the present arrangement is sufficient because it is what they are used to (i.e., the kids are with one parent and are used to that, it would be disruptive to ask the kids to travel back and forth).
This is why you must consult an attorney before you move out, because it
can affect both your custodial time and your property rights.
Also, a traditional scenario (mom at home or part-time, dad at work full-time, mom does parenting) doesn’t mean the father can’t get custody. Even if the custody starts out with the mother, you can ask for or negotiate a more fair division of child time. What works best for kids is two parents who do not fight through their children, and who are willing to continue making sacrifices for those children.
For instance, the two parents should continue to live close to one another because, as much as you want to protect a baby or young child, those children will be teenagers soon enough and wanting to go to whomever’s house they like that day. Many parties find that their teenage children won’t follow the court order because they have a marked preference for one parent. So long as that parent is not harmful to the child, an informal modification of their agreement can be successful. Your children continue to need you both as you move through the difficult process of the divorce.
Modification of Child Custody requires the filing of a Request for Order and various attachments, which is your evidence gathered to show the court.
Morinelli
& Lieberman Law Group specializes in Requests for Order for Child Custody
and Visitation. We can help you get an
enforceable order for a flat-fee, so the other parent cannot continue to do
just as they please.
