It’s no secret that divorce is an unpleasant process, as it signifies the end of a relationship. However, when the dissolution of your marriage goes from unsavory to volatile, it can cause significant issues to arise. One area that many are worried about is the custody of children. Though you may want to do whatever is in the best interest of your children, your spouse may have other ideas. If your spouse threatens to take the children as part of the divorce process, understanding how to proceed is critical. These matters are incredibly delicate, so the following blog explores what you must know and why working with a Monroe, Louisiana child custody lawyer is critical.
What Are Common Threats Made During a Divorce?
Though your spouse may not outright tell you they are planning on taking the children away from you, they may make other threats that imply you will not get custody or even visitation rights. This can be devastating, as no parent wants to hear that they will never see their children again. As such, understanding what constitutes a threat in these matters is critical.
One threat your spouse may throw your way is claiming they’re going to tell the judge something condemning or incriminating to get full custody of the children. This often includes making up lies of abuse or neglect for the judge to look upon the other parent more favorably. Not only can these accusations impact your ability to receive custody, but they can impact the rest of your life, as others may hear these allegations and believe them as true.
What Should I Do if My Spouse Threatens to Take Our Children?
If your spouse threatens to take your children as part of the divorce process, it’s imperative to connect with an experienced attorney as soon as possible to discuss your circumstances. They can take legal action to help prevent your spouse from taking the children, such as obtaining a court order preventing them from leaving the home with the children. You should also document any instances in which your spouse has threatened to remove the children from the home, as your attorney can compile these to help your case during the divorce.
In the event your spouse has already left the family home and taken the children with them, it’s imperative to ensure you contact your attorney to file an emergency petition with the court. This can help you obtain legal grounds in this case, not only to prove you want to see your children and will take the legal steps necessary,
Though it can be frustrating and scary to navigate, the last thing you should do in these circumstances is retaliate or make any rash decision that can negatively impact you during your divorce. It’s in your best interest to connect with an experienced divorce and child custody attorney as soon as possible for assistance in these harrowing matters.
At Breithuapt, DuBos, & Wolleson, LLC, we understand how anxiety-inducing threats from your spouse can be, which is why we will do everything in our power to assist you in this process. When you need help, our team is here.
