How to Protect Your Custody Rights In Divorce

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How to Protect Your Custody Rights In Divorce

Over the past number of decades, the courts have altered their approach. Whereas mothers were greatly favored in the past in terms of custody and visitation, the courts now favor nothing but the best interests of the children involved. This approach can favor the mother or the father, depending on the circumstances, but the court will look at both parents to make final custody and visitation determinations.

The new, more inclusive approach the courts are taking make it more important than ever for both parents to protect their child custody rights aggressively.

At Stange Law Firm, PC, our lawyers bring unique experience in the legal process of divorce. We can help you do everything possible to protect your child custody and visitation rights. Our lawyers help fathers, mothers and grandparents protect their rights to custody and visitation.

What You Can Do To Protect Your Custody Rights

  • Invest in your kids: Although this seems obvious, it is surprising how often parents do not spend much time with their kids during the early stages of their divorces, then seem surprised when the court questions their commitment as parents. If you want to maintain relationships with your children, your choice to spend time with them is the most important thing you can do.
  • Avoid erratic behavior: Although divorce is an inherently tumultuous time for everyone involved, it is important to do whatever you can to avoid relocating, job changes, substance abuse issues and other actions that could signify any degree of instability. One of the highest priorities is to show the court that you are creating a stable environment for your children.
  • Do not speak badly about your ex: Excessive negative talk to your children about your ex-spouse can be seen as parental alienation. It is also important to be careful with your online social media posts, as these are readily available for everyone to see.
  • Get help for any addiction or other issues: If you have a history of financial problems, alcoholic or other drug-related problems, violent tendencies or any other issues that the court could see as a red flag, make sure you take steps to address these issues. When judges see that parents are taking steps to become better parents, they are more likely to grant increased visitation time and parental responsibility.

Our lawyers are here to help you through every step of the process. We will walk you through the steps you need to take to protect your custody rights and other interests in your divorce.

We also have articles for further information regarding your child custody matter: Child Custody & Visitation Flexibility and Missouri Child Custody Cases: Information You Should Know.

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ABOUT

Full Service Child Custody Representation

Our child custody practice focuses on protecting the wellbeing of children and the rights of parents. We handle issues such as:
Visitation
Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. We can handle a broad spectrum of visitation matters.
Creating a parenting plan
Getting visitation rights means drafting a parenting plan that works. We can help.
Relocation with a child
Courts have continuing jurisdiction over child custody and visitation orders. So, when a parent wants to move, it is usually necessary to get the court's permission first. Failure to do so can put your time with your child in jeopardy.
Enforcement of orders
If a parent fails to follow a child custody order, it may be possible to take him or her to court to enforce the order.
Contempt of court
If you are found to have repeatedly ignored a court order, you may be found in contempt of court.
Modification of orders:
When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC.
Custody Issues for Nonmarried Parents
Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law.
Parental Rights
Parents are often concerns about their parental rights, especially fathers in certain circumstances.
Family Access Motions
If you are being denied access to your children, you may want to consider a family access motion.
Uniform Child Custody Jurisdiction and Enforcement Act
If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA.
Custody Evaluations
If you have a complex custody case where psychological issues or abuse may be in play, you might want to consider a child custody evaluation
Hague Convention
If you are dealing with an international child custody dispute, and perhaps child abduction, knowing about the Hague Convention is often critical.
Third-Party Custody
If you are not the biological parents, in certain cases all may not be lost. You might have a right to third party custody in certain situations.
Fertility and Surrogacy
Fertility and surrogacy is a growing area of the law for those who want children.
Transportation
In some custody cases, parties might live far apart. This can result in difficult child custody cases with transportation at issue.

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