As you work through your diyvorce, the goal is clearly to have a good working relationship with your spouse.
Calm, honest discussion without tempers flaring. It can be hard, especially if there are child custody issues. Parents have strong opinions about what type of parenting or custody arrangement is best for their children. If there is disagreement, it won’t fade away just because the divorce is finalized. After a final order of custody has been entered, parents may still have disagreements about the children and about the order. Ideally, any disagreements are resolved amicably, or at the worst turning to the court to enforce the order of custody. There are some situations, however, when an ex threatens to violate the custody order.
If that happens to you, here’s what you need to know, and what you need to do.
First, make keep a record of the threats.
If they are texts or emails, save them and back them up. If you have an attorney, provide him or her with copies. If these threats are only ever verbal, write down the time, date, place, and content of the threats. Ensuring you have a detailed record will help if you need to testify about it before a judge.
Next, understand that not all threats are “created equal” in the eyes of the court.
Is the threat an imminent threat to remove your child from the country and never return? Or is it a threat to return the child an hour late from parenting time? Depending on the type of threat, there will likely be very different strategies to deal with the threat. A serious threat to block parenting time or custody long-term should be dealt with immediately, especially when you believe your spouse is serious about attempting to flee with your child.
Finally, you should understand that there are different remedies available to you depending on the threat.
If the threat is serious, talk to your attorney immediately about filing an emergency motion to protect your child. If, by contrast, your spouse is simply making repeated threats concerning relatively minor issues, it may be better to keep track of the threats and seek a modification of the custody or parenting time order in the future if your spouse persists in being argumentative and threatening.
If you find yourself in a difficult custody situation even after your divorce is final, reach out to us. We can help.
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