When parents are embroiled in a custody battle, they may say and do unacceptable things. Each is trying to win custody and may denigrate the other to achieve a favorable outcome. In this situation, no one wins. Unfortunately, these fights for custody may not be the last time that parents have run-ins with each other. Problems may persist after custody has been arranged and how parents respond can determine the amount of time they spend with their children in the future.
Sharing legal custody of children is beneficial for both parents but it is not always easy. If the former spouses have a poor relationship, they may argue about decisions ranging from education to religion of the children. However, the parents must communication with each other regarding these matters or they could be found in violation of the court custody order.
When one parent is awarded physical custody, the other may receive visitation and pay child support. The non-custodial parent may want to spend more time with the children. Withholding child support payments in order to force additional visitation may seem tempting but it is a bad idea. Visitation and child support are unrelated from a legal perspective and the court may impose punishment for failure to pay support.
A visitation order typically details when and where the parents will exchange their children. If one parent does not adhere to the guidelines, the other parent and the children may be negatively impacted. Rather than arguing about it, the affected parent should try to understand why the situation is occurring and come to a mutually agreeable solution to this problem. If this is not possible, the impacted spouse can request an enforcement of or change to the visitation order.
An extreme situation involves failing to return children after a scheduled visitation. This violates civil and criminal law as well as the visitation and custody orders. Law enforcement officials may intervene to recover the children and may charge the parent who took them with kidnapping. In addition, the other parent may sue for damages.
The services provided by a custody lawyer are helpful in each of these situations. This attorney is familiar with the fallout that occurs following fights for custody and will help a client handle any negative outcomes. Whether this requires coming to a common understanding with the other parent or taking the matter to court, the lawyer will help resolve the problem.