If you and your spouse are getting a divorce, you may be worried that they are going to get sole custody of the children. Even if you and your ex are already divorced and you share custody, you may be worried that they will attempt to take the kids away from you.
It’s very understandable that you’d be concerned about something like this, considering how much your kids mean to you, but it’s also wise to consider why it’s difficult for this to actually occur.
Shared custody is becoming the norm
Sole custody used to be the norm, but there has been a movement lately where courts have decided to use shared custody more often. This does not mean it is used all the time, but it means that it’s far more common for both parents to at least spend some time with the kids.
In fact, courts typically won’t order sole custody unless there’s a very concrete reason to do so, such as a potential risk to the child. The court will try to find the safest and most stable living situation for the child. They prefer to split this between both parents, and it takes something extreme to make them rule otherwise. So, if you haven’t gotten divorced yet, the odds are in your favor that you’re going to get time with your kids.
Your ex can’t violate your rights
If you do have custody rights under your parenting agreement, then it’s important to know that your ex is not legally allowed to violate these rights. If they do so, it can count as custody interference.
For instance, if your ex will not let you see the children on your schedule, they are then violating your rights and interfering with your ability to spend time with your kids under the court order. This is illegal. If it happens, the court may even rule that your ex no longer has custody rights because of their actions, meaning that the children would live with you all the time.
Most importantly, there is never a reason for someone to interfere with another person’s custody rights, even if that person has been ordered to pay child support and has failed to do so.
What are your options?
If you feel that your ex has violated your rights in some way and the situation has become complicated, take the time to carefully consider all of your legal options.
