During divorce matters, child custody arrangements need to be made. These types of matters can be extra sensitive. Parents are protective of their child. Their bond with their child is a special thing. They do not want to lose that bond. With this in mind, it can be hard to see a child’s life split between parents. However, parents are committed to the best interests of the child. When situations in life change, custody arrangements may become hard to follow. There are different instances that can cause a disruption to the process. If your former spouse is not following through with the proper custody arrangements, it may be best to seek legal action. If situations have changed and a new arrangement should be sought, seek the court’s intervention.
Can my former spouse be punished for failing to follow custody arrangements?
When custody arrangements are made, they are considered court orders. This means that they are legally binding decisions. A judge has made it clear that a certain way of living is expected for the child. The custody arrangements are to be followed as outlined. By failing to follow a court order, consequences can arise.
If this situation is happening to you, you can file a post-judgment motion to enforce your right to the properly outlined child custody arrangement. The court then has options regarding how they should handle the case. They may find the opposing party in contempt of court since they are not following court orders. This may jeopardize their custody of the child.
Why can child custody arrangements be adjusted?
As life goes on, divorced parents may have new circumstances appear in life. This can disrupt their current child custody arrangements with their former spouse. If this becomes an issue, the spouses can file a motion to enter back into litigation to decide an adjusted plan for the child custody. This can be beneficial in suiting new lifestyles of the parents.
Since judges can only consider the present factors when making original custody arrangements, there is room for modifications to be made in the future. New and changing factors can affect the effectiveness of a child custody arrangement. No one involved in the case is aware of what might happen in the next few months or years. They also may not be aware of the effect of the original custody arrangement. Child custody can be modified depending on the situation that the child is in.
If a parent notices their child is negatively reacting to a current child custody arrangement, they may wish to get it modified. If a parent believes that the child’s interaction with their other parent is having a bad influence on the child, the situation can be acknowledged in court. The judge will always try to act in the best interests of the child. They will take into consideration the current agreement and how it has affected the child.
If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.