What Can I Do if My Spouse Threatens to Take the Kids?

When you and your partner decide to spend the rest of your lives together, the last thing you anticipate is that your marriage will end in a bitter divorce. Unfortunately, this is a reality for some couples, and many will try to weaponize custody as a means of punishing the other. As such, understanding what you can do if your spouse threatens to take the kids is imperative to protect yourself. If you are unsure what to do, the following blog and why working with New Jersey child custody attorneys is in your best interest during these complex issues.

How Does New Jersey Handle Custody Matters?

In New Jersey, it’s important to understand that child custody is an incredibly important matter. Typically, the court will follow the “child’s best interest” standard when determining how to handle custody matters. This means that they will place the health, happiness, and well-being of the child above all else. However, when possible, the courts do try to award 50/50 custody as they believe it is best for the child to maintain a relationship with both parents.

When determining how to award custody, the courts will take several important factors into consideration, including, but not limited to:

• The health and age of each parent
• The income of each parent
• Each parent’s ability to provide a safe home environment for the children
• If there are any allegations of substance abuse, neglect, or abuse
• Where each parent lives in relation to one another and the child’s school
• The ability of the parents to work together

What Should I Do if My Spouse Threatens to Take Our Children?

If your spouse threatens to take your children, it can be incredibly anxiety-inducing. It’s first and foremost, incredibly important to understand that unless your spouse receives a court order, they cannot take your children or prevent you from seeing them. If they try ot do this, you should immediately contact your lawyer who can help you petition the court to place emergency orders preventing your spouse from doing this.

It’s also important to understand that while these times are tense and emotionally taxing, you should not, under any circumstances, attempt to retaliate against your spouse. Unfortunately, doing so can have negative implications for the outcome of your case, so it’s in your best interest to ensure you follow the court orders to avoid facing penalties from the court.

One of the most important things you can do when you are going through a divorce and child custody issues are at play is immediately contacting an experienced attorney. Trying to navigate these issues on your own can lead to less than favorable outcomes, so working with an experienced lawyer is critical. At Haber Silver Russoniello & Dunn, we understand how complicated these matters can be. That’s why our dedicated firm will do everything possible to help you fight for the best possible outcome during these difficult times. Contact us today to learn more.