How To Determine If You Need To Go Through Family Court For Custody Or Visitation

Do I Need To Go To Court?

If you’re new to the game in family law, you might be asking yourself if you need to go to court over the issue that’s concerning you. Some single parents out there find themselves at the mercy of their ex wives or husbands. They might be using the children as a tool against you, trying to hold visitation time over your head in order to gain some kind of leverage or maybe trying to get more child support out of you than you can or need to pay. Whatever the reason, going to court over your children is a big step and requires some serious consideration on your part. There are a lot of factors in any family legal situation and every case is different so not one avenue is appropriate for every kind of custody battle. It’s important to know the correct steps to take in the event that you decide to take them.

  • Enough Is Enough. If you’re doing the best you can as a single parent and your ex is still making it hard to live your life and spend time with your kids, there comes a point where you just can’t sit there and take it anymore. Sooner or later you want to bite back. The manner in which you bite however, makes a big difference. It’s important to be calm and collected in how you approach the situation. If you’re irrational and heavy handed, it’s easy for them to use that against you and potentially make the situation worse than it already is.
  • If You’re Not First You’re Last. Settling out of court is the easier, and albeit cheapest, way to get the issue resolved. Positive and constructive communication can solve a lot of problems between families that are separated and can in fact get a lot of feelings out in the open that weren’t addressed before. The problem with setting out of court either between you guys over a cup of coffee or through mediation, is that the issue can keep coming up in the future. If you’re having a problem with your ex withholding time with your kids from you, the only real way to officially enforce something, is to get a court order signed by a judge. This assures that your ex legally cannot withhold any visitation time from you without some kind of penalty (these consequences can vary depending on the situation of course).

The bottom line is that you want to see your kids. There are ways to enforce your rights as a mother or father and get the time with your kids that you want and they need because children need both parents in their lives. Knowing how to enforce those rights can be difficult if you’ve never done this before. Reaching out to your community for help with family legal issues is a good place to start. At the very least you can get an idea of the kind of help you need. There are national organizations that can help you start the process as well. This is going to require you to do a little bit of research on your own to find out what path is the best for you to take. Keep your eye on the prize and stick to your plan.

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Posted in A Childs Best Interests, Child Custody, child custody battles, Courtroom Preparation, Divorce, Family Court, Fathers Rights, Joint Custody, Modifications

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