All divorces are complicated, but the ones where you have children with your ex-spouse can be worse. When you get a divorce, you probably never want to see your ex’s face or speak to them again. However, that is one privilege you are not going to get when you have children with them.
One of the hardest things about a divorce is sharing joint custody with your ex, especially if you two are not on good terms. Nevertheless, you are required to stay in regular contact with them when sharing custody, whether you like it or not. Learning to co-parent takes time and can be an emotional experience for many. A Sandy divorce attorney can provide much-needed guidance and support during this difficult time.
Mistakes to avoid if you have joint custody
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Withholding visitation.
Having angry feelings towards your ex can be common when your marriage ends on bad terms. You may want to attempt to punish them by withholding visitation and preventing your child from seeing their parent. This does not only deprive your child of their mom/dad but puts you at risk of legal consequences.
When the other parent suspects you of purposefully withholding visitation, they can make a legal complaint about it. If they are able to prove their claim, the judge may even take away custodial rights from you. Custody agreements are legally bound, and disobeying them will only result in more trouble. Some consequences include:
- Substantial fines
- Imprisonment
- Loss of custodial rights, temporarily or permanently
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Badmouthing your ex.
If your child spends equal time with you and your ex-spouse, speaking poorly about them is probably a bad idea. After all, you should not forget that you share a child with them, and your child looks up to them. This can make your child uncomfortable as they might feel like they need to pick sides here. A child should never have to pick between their mother and father. Moreover, it may lead them to judge their parent and harm their parent-child relationship.
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Relocating without preparation.
Joint custody means you and your ex-spouse both have rights over decisions that concern your child. You alone cannot take a drastic step for your child just because you have a part of the custody. If you intend to move, you need to prepare properly. Generally, the court requires you to file a notice of intent if the following factors apply.
- Your child will have to change their school in Sandy due to the move.
- The move will increase the distance between your new house and your ex’s house by at least 20 miles.
Filing the notice of intent is important because it allows the other parent to object to your relocation. When this happens, the court will look into the situation and decide what is best for the child.
