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Protecting your custodial rights during divorce
starts early on—at the very decision to separate. Actions
you take in the beginning could significantly impact who has the
majority custodial rights and who controls assets like the home
in the end.
In The Beginning
First and foremost, protect your child's well-being
by remaining as civil as possible and not pitting your kids against
your spouse. From the very first inkling of a separation, factor
your children's welfare into every decision. Always be as amicable
as possible, consider the consequences of your actions, and take
your lawyer's advice before moving on an issue.
Particularly if you expect trouble, you should
do your best to
- Stay in the house—difficult to be sure
if your spouse remains in residence, however, moving out could
cause you to forfeit custodial rights if for no other reason than
maintaining continuity.
- Consider a time-sharing arrangement—half the week at home
for you, half for your spouse; this way, no one forfeits rights
to residence.
- Restrict children from leaving the state—discuss the need
for a Temporary Restraining Order (TRO) with your lawyer; a TRO
will prevent your spouse from moving the children to an out-of-state
location which will complicate divorce and custody proceedings.
- Do not allow your children to move from your home—make
it clear that your spouse may leave and arrangements can be made,
but the children should stay in the home.
- Retain legal representation—before any custody and support
decisions are agreed to; do not sign anything without consulting
an attorney.
During Divorce And Beyond
Protect your kids by minimizing trauma and putting
their needs first; this helps you, too, because it shows you to
be a responsible parent with your children's best interests in
mind.
- Do not display bitterness and anger toward your
spouse
- Do not criticize spouse before children; display respectful
disagreement only when appropriate
- Maintain a healthy, positive personal attitude as much as possible
- Share visitation—both parents are important to the children
- Reminisce about the good times and encourage your children to
do so
- Never let your kids feel they are responsible
- Don't put kids in the middle and don't force sides
- Maintain as much continuity in the kids' lives as possible
- Communicate openly with your spouse and agree to continuity
of care and behavior management
Remember that your children are not your investigators,
and should not be relied upon as informational resources. As questions
arise, be open, honest, simple, and direct. By being a loving,
fair, and honest parent, you will not alienate your children,
and you will not jeopardize your custodial rights to your children.
For the rest, rely on your trusted legal counsel to lead you.
Article Directory: http://www.articlecube.com LaneAndAssociates
and West Palm Beach divorce attorneys provide more details about
divorce procedures. Learn how a Palm Beach County divorce lawyer
or a Florida Divorce Attorney can help you.
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