Posted by While the paperwork may be signed and the divorce finalized, it is not uncommon to have child custody issues post-divorce. The truth is, even the best co-parenting plans fail when various unexpected issues arise after a divorce.
A child custody agreement offers guidelines regarding custody between the parents. However, children’s best interests as well as their needs change as they grow older. There may also be unavoidable circumstances in the parents’ lives that call for a change in the custody agreement.
Here are some common child custody issues that you may face after divorce paper.
Relocation
There are various reasons a parent may need to relocate including:
● Loss of employment
● High cost of living in the current state
● Physical or mental disability
● Financial hardship
● Promotion or change in work circumstances
● Medical emergency
Whether it’s a new job, a new relationship, or an unexpected change in family life, one parent may have to move away. When this happens, it affects the child custody agreement as they may not be able to meet their obligations of parenting as stipulated in the order.
This usually leads to a post-decree custody hearing in court. Typically, if the parent with physical custody of the child is relocating, they are required to file a notice at the court to notify their co-parent of the intended move. Once the notice is served, the co-parent can choose to explore one of two options.
● Allow it and provide written consent
● Object and call for a hearing
Once the case goes to court, the judge may consider factors such as how far the parent is moving, the reasons for the move, as well as how the relocation may affect the original custody agreement.
Ultimately, the court will determine whether the relocation is best for the child.
Visitation Denial
Miscommunication or sudden changes in their work schedule can cause a parent to miss regular parenting time. If both parents are legally and medically fit to have custody of the child, they should have equal access.
Unfortunately, one parent may willfully deny their co-parent access to their child. Denying access to the children is considered a serious breach of the child custody agreement. Withholding parenting time could result in getting charged in court.
In this case, the parent denied access to the children can seek redress by asking the court to enforce the child custody agreement via a fine or jail time. The parent denying parenting time may also be charged with contempt of court.
Modification
It is generally accepted that child custody agreements can be modified to accommodate changes in the parents’ circumstances. However, all modifications must continue to serve the child’s best interests.
For instance, if a parent faces a significant decrease in income or gets a promotion, the current custody order may not be in the child’s best interests. In this case, a modification is necessary to ensure the child is comfortable and has all their basic needs met.
Is it important to remember that the court must grant the modification to the custody order to make it legal. However, the court reserves the right to grant or deny modification.
Disagreement on Legal Custody
A joint custody agreement gives both parents shared responsibility. This means that they both must be involved in making decisions concerning the child’s health, education, religious choices, and other key factors that affect their well-being.
If the parents have differing viewpoints, it could affect these decisions and even lead to disagreements. In some cases, parents may work out their differences and come to an agreement that serves the best interests of the child.
However, some parents may not agree, making it difficult to settle the issue. In most cases, mediation with a third party offers a solution. If mediation fails, the parents may choose litigation and allow the court to decide what is best.
Meeting a New Partner
After divorce, it is not uncommon for parents to eventually find new partners. However, this might also pose a problem to the child custody agreement. In most cases, the parents may be able to settle their differences concerning a new partner through mediation or litigation.
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One Parent Becomes Unfit
A parent may become unfit as a result of:
● Alcohol abuse
● Drug abuse
● Physical abuse and violence
● Substance abuse
● Neglect
● Mental illness
It is recommended that you speak to an attorney if you have concerns about an unfit parent. In extreme cases, we recommend contacting child services to protect the child.
While this is a serious accusation, keeping the child safe should be the first priority. You will be required to provide proof that your co-parent is unfit. Consider contacting a family law attorney for guidance in this regard.
Logistics
While a parenting plan may work in theory, it may not always be applicable in real life. For instance, transporting the child to and from school, different homes, and extracurricular activities can be exhausting for all involved.
If the original parenting plan as discussed in the child custody agreement is not working, it may be time to consider a modification.
Resources for Common Child Custody Issues Post-Divorce
As circumstances change, your current child custody agreement may not serve the child’s best interests. For instance, you may need to negotiate more funding as the child furthers their education, the child may develop special needs that require increased support, and other issues.
An experienced family lawyer can be of great help for any child custody issues that arise post-divorce. They are also very helpful in resolving any child custody concerns. Your attorney may be able to help you deal with the new co-parenting plan and advise you accordingly as the child’s parenting needs evolve.
It is important to find an attorney with an in-depth understanding of child custody agreements and sensitive to the child’s needs. Ideally, all child custody issues should be resolved amicably. However, where there is no consensus, it is best to seek mediation with consent from your co-parent.
If mediation fails, a family law attorney can help you navigate the litigation process to secure the child’s future.