Divorce is almost always a difficult experience, particularly when children are involved. There are a variety of components that are considered with regard to custody of the kids, and the court will make every attempt to create an arrangement that is fair and beneficial to everyone involved. However, there are some things that can have a major impact on your custody agreement. The following life events can sometimes change the arrangement:
Living With An Unmarried Partner
In some states, judges will alter a custody arrangement at the request of the other parent if the custodial parent begins to live with someone in a romantic or non-roommate situation. Before you make a decision to move in with your partner, make sure what the rules are in your state. If your ex-spouse takes issue with you moving in with someone else, it could result in changes to your custody, which can include fewer days or visitation in a location other than your home.
Newly divorced couples should seek legal advice before moving in with a new partner. Nearly every attorney would advise you to avoid moving in with your partner until all custody arrangements are worked out. After that time, you can let your ex-spouse know you intend to cohabitate with a new partner ahead of time so that you can both make any changes to your custody arrangement if necessary. If your former spouse has an issue with the person you are going to be living with, you can both enter into mediation to revise the co-parenting plan. If you have proof that you are going into a stable, safe relationship with no illegal activity or otherwise irresponsible behavior, your arrangement more than likely will remain intact.
Arrest or Legal Trouble
If you or your former spouse becomes involved in illegal activity or is arrested, the other parent can petition for emergency custody until a permanent custody order is in place. The type of illegal activity that caused the arrest will determine whether or not you get sole custody. If it is considered a dangerous offense, such as assault that will require time in jail, the other parent will be able to petition for sole custody to keep the children safe. Smaller charges that are not deemed to be dangerous by the judge, such as cashing bad checks or non-dangerous offenses, the judge will make a decision based on the past behavior. However, if non-dangerous offenses result in jail time also, the other parent will likely get custody of the child unless that parent is deemed unfit as well. In those instances, custody will either be placed with a family member or with the state.
There are other life changes that can alter your custody arrangement. If your child simply wants to go live with his or her other parent, he or she can ask the court for an amended custodial arrangement. Whether or not the arrangement is allowed will be up to the judge. Ultimately, all custody decisions will be based on the well-being of the kids. If you think that there will be any changes to your custody arrangements, contact your attorney as soon as possible with your reasoning or concerns.
For a child custody attorney, contact a law firm such as Cragun Law Firm.
