Life After a Custody Battle
Are you fighting for custody of your children and have questions about life after a custody battle? Contact our Saratoga attorneys today.
Modifying Custody Order
- If a parent is looking to modify an existing Custody Order, he or she should petition the Family Court for permission to modify that order
- When considering shared custody, it is extremely important that parents have the ability to talk to each other
- They need to consult in order to reach consensus on various major issues, including health and education
Ex Not Following the Custody Orders
- If one spouse doesn’t follow the family court’s order of custody, the other spouse can ask the family court to enforce that order by filing a petition for enforcement.
- Remedy can also be sought through the family court if the order of custody was made through a judgment of divorce, so long as the Supreme Court didn’t retain exclusive jurisdiction.
- In most cases, the Supreme Court does not retain exclusive jurisdiction over custodial matters, so a remedy can be pursued in the family court.
- Success on an enforcement petition requires a valid existing order of custody and evidence of failure to obey that order.
- The court has access to many remedies to punish parties who disobey such orders.
Child Custody Relocation Laws
Last week, I received a call from a client who wanted permission to relocate out of state with the children. The client had been awarded primary residential custody of the children and had received a job offer that was compelling. Whether that client will be permitted to move out of state with the children will depend on a number of factors, the first of which involves the consent of the ex-spouse. If not, a court will have to decide. The court will make its determination based on the children’s best interests at the time the request is made.
Clients sometimes enter agreements that address this issue, but such agreements may not be looked upon favorably by the judge because of differences in facts and factors that may exist at the time of the request. The most relevant factors pertain to the ability of the other parent to maintain a relationship with the children and to see the children, as well as the reasons for the desired relocation. If a client wants to move merely because another location has better weather, but there is no compelling reason to move, the answer is likely to be no. If a client’s job has been eliminated, he or she lost a steady income, and the client has to move to obtain another job, there is clearly a more compelling case. Sit down and talk with your attorney because, in these cases, it is important to strategize how best to present your case to the court.
Child Custody Witnesses
If your custody case is going to trial, your attorney will ask you for the names of witnesses who should be asked to testify on your behalf at the trial. Those witnesses may include school teachers, neighbors, friends, or relatives who have seen you and your spouse interact with the children. They may also include pediatricians, counselors, or anybody else who has knowledge of the relationship that both you and your spouse have with the children.
Are you or a loved one fighting for custody and have questions about life after a custody battle? Contact our Saratoga Child Custody Attorneys to schedule your confidential consultation and legal case evaluation.
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