A divorce can be difficult, but when parents are caught up in a custody fight, the situation can become stressful and emotional. Arizona, like many states, provides for shared parenting in most circumstances. Sometimes, however, one parent wants to keep the other parent from having as much time with the child. If you find that a problem is happening, you need to begin preparing for a child custody battle. The first step is to seek guidance from an experienced divorce attorney.
Identify the Problem
In these types of situations, there is often a disconnect between parents, and communication may not be working. It is helpful to try to identify the real root of the problem before it escalates. There may have been a specific event that sparked an emotional response, leading to a request for full custody. Sometimes the allegations are false, but they need to be known so that you can prepare to defend them.
Seek Alternative Dispute Resolutions
When spouses are not able to agree on basic issues such as child custody, they probably have other divorce settlement issues as well. Mediation is one alternative that can be done as an intervention method to help resolve difficult settlement issues. While this may not resolve all of the problems, it can help to calm emotions that are running too high. Everyone should take a step back, so they can review the situation properly.
Communicating with your spouse is probably quite difficult, if not impossible, at this point. Yet communication is the only way to properly resolve custody issues. One way to discuss the matter is through your attorneys. Your attorney is your advocate throughout the process and is always going to support your needs and protect your rights. Promptly discussing the problems can sometimes avert a nasty custody battle. Your lawyer will also be able to let you know when you are being unrealistic or illogical about a particular matter.
It is also a good idea to save any communications between you and your spouse. Things like text messages, E-mails, and posts on social media are often used as exhibits in family law hearings.
Consider the Children
Although the divorce may be getting ugly, it is essential that you keep the children from being impacted by the problems. Family court judges will always make a ruling that is in the best interest of the child. Parents need to take this into consideration and try to come to an agreement that includes both parents, whenever possible. If you are expecting a heated battle, be sure to take precautions to keep your children out of the fight, and protect them from emotional harm.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Preparing for a Child Custody Battle, or other family law issues, please feel free to contact Jonathan D. Brooks at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.