When you realize that you have no choice but to file for divorce, you may be concerned about what the parenting situation will be like afterward. The court will likely want you to enter into a co-parenting situation. However, you may be concerned about having your ex be alone with your child and you will want to bring this up with your divorce attorney.
The Other Parent May Be Entitled to Parenting Time
You should always consult with an attorney, but you will always need to comply with court orders, and it may not be considered to be in the best interest of your child to not allow them to spend time with your ex.
You are not allowed to take away parenting time if your ex does not cooperate. However, you may encounter a situation where the other parent does not show up for visitation. Make sure to document this so you will not be held responsible. For example, if you arrive at your ex's house to drop your child off and your ex is not home, document this as best you can.
It's Normal to Have Disagreements with Your Ex
Both you and your ex do not have to agree with everything to co-parent. For example, you might disagree with your ex about how discipline should be handled. It is important to allow your partner to have an equal say in decisions as long as they are reasonable. For instance, you should consult with your attorney if you think the disciplinary actions taken by your ex are excessive.
When There Is an Emergency
Depending on the state in which you are in, you may be able to obtain an emergency child custody order. This is typically used when you believe that your child is in danger and it is meant to be temporary. First, you will want to try to reason with your ex. If this does not work, you will want to petition the court for an emergency change in custody.
Common situations that can lead to a temporary change in custody include violence or abuse against you or your child, allegations of mental illness, allegations of sexual abuse, or exposure of your child to a sex offender. If your ex has recently committed a serious crime, you may be able to have custody changed. However, a more minor crime such as a traffic violation would not suffice. Regardless, you will better understand your legal options when consulting with an attorney before and after your divorce.Share