However, if that dispute turns complicated, hiring an experienced attorney becomes absolutely vital. At the Law Office of Amy L. Gervich, we have years of experience helping parents like you navigate challenging custody cases.
There are many ways for a child custody case to become complicated. Generally, though, complex custody cases are those where some kind of roadblock or major challenge gets in the way of a quick and peaceful resolution. Here’s a look at some of those roadblocks and how our team might be able to help.
After going through a divorce, it’s not unheard of to want to get a fresh start somewhere else. However, when shared custody is involved, this can cause some issues.
If you want to move out of state with the child, you should first consult with the other parent. If the other parent agrees, you can make the move, although you will likely have to modify your child custody or visitation plan.
However, if the other parent disagrees, you will need to petition the court for permission to move. It’s difficult to predict whether the court will grant permission or not — it will generally look at the child’s best interests and consider how a move will impact their relationship with the other parent.
For instance, suppose that the child is close with the other parent, and you want to move across the country. In this case, the court might determine that the move would be too damaging to the child’s relationship with the other parent.
Whether you are the relocating parent or the parent opposed to the move, we can help. Our team can assist by putting together a petition that the court is more likely to approve. If you don’t want the other parent to move out of state, we can make a strong argument showing why the move would be detrimental to your child.
This is unfortunately one of the most common complications in a child custody dispute. Often, one parent refuses to cooperate out of spite, or the relationship between the two parents is so acrimonious that they cannot calmly discuss the situation.
There are a few different ways to handle a situation like this. One is to simply let the court make all decisions. This option tends to be expensive and time-consuming because it involves so much litigation.
One alternative solution is to allow your and your spouse’s attorneys to oversee most of the negotiations. Taking this route can be beneficial because it minimizes the time you have to spend with your spouse.
Another alternative is to use mediation. This process does require the spouses to interact. But because they discuss custody issues in the presence of a third-party mediator, it may help to cool tensions a bit.
Our team has worked with many couples who had trouble communicating. As such, we are prepared to suggest possible ways to help you reach a resolution in your child custody case.
It’s possible to reach a custody agreement and create a custody plan if you or the child’s other parent is an active-duty member of the military. Often, when you relocate temporarily for military service, you cannot bring your child along.
Fortunately, being in the military doesn’t mean you cannot have custody. However, the court will likely want to have a temporary custody plan in place in case you are deployed. Our team has helped couples develop these kinds of temporary custody plans — if need be, we can help you develop one, too.
Chronic health issues — whether yours or your child’s — can make daily life significantly more difficult. They also might make it challenging to come to an easy resolution of your child custody dispute.
If you as a parent have a chronic health concern, it can be challenging to physically or mentally keep up with your children. Additionally, your medical bills can be substantial, impacting your finances enough that you have difficulty providing for your child’s needs.
There are also a number of potential issues if it’s your child with the chronic health issue. For instance, you may need to make expensive modifications to keep your home accessible for them. Additionally, both parents must be able to advocate for the child in a medical setting and understand how to manage their medication.
The court generally tries to preserve the ability of each parent to build a relationship with the child. However, it will always place ultimate importance on the child’s best interests.
If a parent has a history of domestic violence against the child, the other parent, or both, they also will likely not receive custody or visitation. However, if the parent committed a domestic-violence-related offense many years ago, the court may determine that they no longer pose a threat to the child or the other parent.
Essentially, the court has a fair bit of discretion when it comes to these kinds of cases. That’s why it’s essential to have an attorney who can advocate for you or your child.
