Child custody situations that could benefit from legal assistance

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Friday, November 13, 2015.

Child custody battles can take a lot out of those involved. Even in the best situations, there can be a high level of stress associated with establishing how much time a child will spend with each parent and how much support will be provided. When a parent does not follow the rules laid out or make the best interests of the child the focus, the custody process can be even more difficult.

Many of the issues that parents face are the result of a breakdown of communication. When parents cannot talk about what is going on without getting into a fight, it may be helpful to change the mode of communication. Sending texts or emails could be beneficial in more than one way. Besides potentially removing some of the emotion that is involved when people talk face-to-face or on the phone, it also provides a record of what was discussed.

Sometimes, issues arise involving child support. For example, the paying spouse may try to hide how much he or she makes. In other situations, despite having been ordered to pay a certain amount the parent my not. In this situation it is important to contact the Director of Maintenance Enforcement as quickly as possible.

In some situations a parent may try to turn the child against the other parent. This can cause a lot of damage to the child as well as the parent. Because this tactic is so well known, there is a name for this, parental alienation.

A parent who takes a child on a vacation or elsewhere when they are not supposed to have them could be problematic as well. To make sure that a child is returned following a trip with another family matter, a travel consent letter is a good idea. Having a copy of the custody order with you at all times can also make it possible to force a parent to return the child. In situations where a parent is travelling with a child to a non-Hague Convention country, additional steps should be taken to ensure the parent and child will return, before granting permission to leave the country.

When problems connected to child custody arise they are often complex. Accordingly, those involved usually benefit from the assistance of family law lawyer.

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