When couples first get divorced, their lives are just facing a major change. They have not yet gone off on their own and seen what their life is like without a marriage. Former spouses can face major changes after divorce. However, when child custody arrangements are made during divorce proceedings, the judge considers all the present factors that can affect the child’s well-being. Since the judge can only consider the current situation of the spouses, modifications may need to be made in the future as they grow accustomed to their new life and new opportunities arise.
Can my former spouse be punished for not following custody arrangements?
When custody arrangements are made, they are considered court orders. This means that they are legally binding decisions. A judge has made it clear that a certain way of living is expected for the child. The custody arrangements are to be followed as outlined. By failing to follow a court order, consequences can arise.
If this situation is happening to you, you can file a post-judgment motion to enforce your right to the properly outlined child custody arrangement. The court then has options regarding how they should handle the case. They may find the opposing party in contempt of court since they are not following court orders. This may jeopardize their custody of the child.
What factors can adjust child custody arrangements?
As life continues for divorced parents, new circumstances can arise in life. Whether these new changes are voluntary or involuntary on the parent’s behalf, it can have an impact on their current child custody arrangements with their former spouse. If the arrangement becomes an issue due to one parent’s failure to follow through with the original arrangement, the former spouse can file a motion to enter back into litigation. By going to court, a new decision can be made on child custody.
Since judges can only consider the present factors when making original custody arrangements, there is room for modifications to be made in the future. Parents may be encountered with a new job opportunity or new relationship in their life that has an impact on their location or involvement in their child’s life. They can modify the arrangement that can adjust to the child’s best interests.
If a parent notices their child is negatively reacting to a current child custody arrangement, they may wish to get it modified. If a parent believes that the child’s interactions with their other parent are having a bad influence on the child, the situation can be acknowledged in court. The judge will always try to act in the best interests of the child. They will take into consideration the current agreement and how it has affected the child.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.