More than 60 percent of divorces involve children, which can make separating legally even more difficult. When you and your spouse have kids and are going through a divorce, consider these things you should never do.
Leave the State
Until your divorce has been finalized and custody of your children has been decided, never pack up and move your family to another state (or even very far out of your current area). You can be held in contempt of the rules of your pending divorce order or even be held accountable for parental kidnapping if the other parent pursues you legally for a move.
Filing for divorce means you give the state legal jurisdiction over your children, which means you must get court-ordered permission to leave the state for any reason with your kids, even temporarily. Discuss your relocation wishes with your lawyer before making any moving plans.
Leave Your Home
You might lose rights to a property you and your spouse own if you leave the property during the divorce.
If the children are currently staying with you and not the other parent, stay in the home as long as possible while the divorce case is ongoing. Your lawyer will send in paperwork to the judge presiding over your divorce case pleading your rights to the home based on the needs of your children to stay in a place of comfort that they know.
In many cases, the parent who has the most custody of the children will be awarded the family home. Stay put, even if the other parent demands you leave the home, and allow your lawyer to take legal action to secure your future residency.
Change or Quit Your Job
You fear having to pay child support to the other party in the event they get most of the custody of your children. A logical way to dodge potentially expensive child support payments is to quit your job outright or switch to a lower-paying job, right?
The answer is no. Some states actually include intentional underemployment or lack of employment when they factor in child support amounts, which means that you will likely end up paying the same amount of child support (based on your career aptitude, not your current employment decision) whether you are fully gainfully employed or not.
Stick to your traditional job for now, and if employment changes in the future after child support payments have been set, speak to your lawyer about filing for a child support modification to best meet your (and your children's) needs.
Deny Court-Ordered Visitation
The court commonly handles custody disputes while a divorce is ongoing. The court system wants both parents to have equal rights to their children, and barring any domestic violence or substance abuse issues of the other parent, you have no right to deny any court-ordered visitation allowed to the other parent.
Your lawyer will work with the other parent's lawyer to negotiate a parenting and custody plan that a judge can sign off on. If your children are in immediate danger from the other parent, then ask a judge to order supervised visitation of your children, but never deny any existing visitation orders during and after your divorce is final.
Divorce is difficult and can take a long time to resolve. In the meantime, do what you can to remain a positive influence on your children and make their lives as routine and normal as possible. Do not go through your divorce with children involved alone; allow our legal team at the Law Offices of Shahnaz Hussain to assist you today. Visit our website for more information.