Many people believe that if they’re not currently arguing with their EX that they should not rock the boat by getting custody and child support and visitation established in the beginning of the child’s life. However, in my practice, many times this backfires on people. I had people come to my office more than once in the last couple of days who waited to establish custody, visitation and child support and it has been to their detriment and the detriment of their children.
Now, when they could have had a custody order in place, there is none. The other parents involved are refusing to return the children in order for them to start school with the parent who had traditionally cared for them during the week.
The main impact is on the children involved. They now have to deal with one parent withholding the children from the other parent for no apparent reason. They have to deal with waking up in the other parents home without their belongings, their regular clothes for school, and without being in their school district. Due to the fact that there is no court order currently in place, local law enforcement will not get involved.
These parents have now filed for custody and will now force the other parent to have to either fight the case without an attorney, or hire counsel immediately to protect their interest and their children’s interest.
To avoid these issues, establish custody, visitation and child support immediately following the end of the relationship. This benefits all parties and the children with regard to several aspects. Further, if the other parent ends up getting their act together and wants to go for custody once custody has already been established, they will have a higher burden of proof they have to meet – which is the McClendon standard.
Often times the other parent only wants “custody” when the child is older and more self-sufficient and less of a burden to them. Or, they want custody because they remarry and their spouse is pushing it. Save all parties the headache later down the road and preserve your children’s best interests by doing what you need to do in the beginning for their stability and benefit. You only get to be a parent once in life and you cannot fix the past. Be proactive about today.
If you need me to fight for you in a custody matter call me today 251-943-4870.
