Child custody can be contentious, but what do you do when the other parent threatens to take away the children or fight for full custody? The first thing you should do is hire a child custody lawyer to make sure that you are legally represented and have someone to fight for you. This is one of the most common threats we hear and it is usually baseless and used as a scare tactic to get you to do what they want. Children are not pawns and if your spouse or ex-whatever is trying to use your kids to intimidate you, the attorneys at Juris can help!
First, the threat by one parent to take the children away from the other parent is not seen favorably by any court judge. This is why a child custody lawyer is so important. Courts focus on the best interest of the children, so keeping them on their current parenting plan is usually the default position.
If your child’s other parent threatens to leave with the children or decides to keep them away from you in violation of a court order (or the parenting plan you have been following yourselves), a child custody lawyer is your best option for secure your rights. When a parent decides to move away with minor children without the consent of the other parent, immediate action should be taken through the court system to procure a temporary restraining order that would prevent the children from being removed from the jurisdiction. If, for whatever reason, the court denies the temporary restraining order, at the very least this shows that you did not consent to the children leaving their home and do not believe this move to be in their best interest.
In child custody cases, if you choose not to file for a temporary order, the court might dismiss your concerns later, based on the grounds that you did not seek court intervention swiftly and early on. This could also affect child custody modifications later as well. If in contrast, both spouses decide one spouse can move out of the family home with the children, a lawyer can help you seek temporary custody and visitation rights prior to the consenting move.