Answering Common Questions About Custody Issues
Divorcing from your spouse can be one of the most stressful tasks that you will ever do. This can be especially true for those that were fortunate enough to have children during the marriage. If you are concerned about the welfare of your child during the divorce proceeding, you may benefit from having the following custody questions answered.
How Is Custody Determined?
There is a common belief among some people that the courts will always award custody of the children to the mother. However, this is not always the case, and the courts will conduct a thorough investigation to determine which parent will be able to provide the most comfortable and nurturing environment for the child. To this end, you may need to undergo home inspections and have your financial status reviewed. While this may seem like a rather invasive manner for determining custody, it can be essential for determining which parent will be best suited to meet the child's needs.
What If You Are Concerned About Your Child's Safety During Visits?
Unfortunately, there may arise a time when you are concerned about the safety of your child while visiting the other parent. This may be due to a concern about drugs or violence. Some individuals may simply deny the other parent visitation until the matter is resolved, but if you do this without court approval, you may find yourself facing charges for violating a court order.
To combat these situations, you will need to file an emergency petition with the court. In this petition, you will outline the reasons that you are concerned for the child's safety. If the court determines that the threats or problems are credible, then the other parent may have their visitation rights suspended or they may be limited to supervised visits.
How Can Your Force The Other Parent To Pay Their Child Support?
Failure to pay child support can be another common conflict between divorced parents. If one parent fails to pay their child support dues, it can cause tremendous financial strain. While some people may assume that there is little that can be done in these situations, the courts can help to compel the other party to pay their back child support. This can be done by arresting the other parent for contempt of court, wage garnishments, and even liens. While you may not like the idea of using these heavy-handed tactics to collect your child support payments, they can be the most effective options when the other parent is refusing their obligations.
For a family law attorney, contact a law firm such as The Law Offices of Paul F. Moore II.