It never seems to fail that during the holiday season many problems arise in families that are going through a divorce or have lingering custody issues. Try to minimize the need to call your attorney during the holidays. You may not need to take legal action just because there is a dispute about a drop off or pick uptime or because you feel that the children really want to spend more time with you. First try to work it out with your ex. This will help minimize the stress to the children and will provide you with an evidentiary showing that you first tried to work out a reasonable result with regards to the visitation.
If you can't work it out, then try to first have your attorney send a letter with a short time frame attached to it and which references your informal attempts to work out the dispute. It can be quite costly to seek legal redress during the holidays because of time constraints, the crowed courts and other factors. As a last resort you may have to seek an order from the Court with regards to the visitation and custody issues if it is truly an emergency situation or there is a likelihood that irreparable harm may result if relief is not granted.
It can be quite tricky if you are going to apply ex parte to the Court for a shortened period of time to seek the Court's intervention. There will be time that has to be spent preparing declarations, moving papers, ex parte papers and other documents needed to be filed with the Court. If you have to go this route make sure that you do not skimp and spend the extra time and money to obtain the best result for the children. Your attorney should will be able to guide you through this mine field and have you walk out relatively unscathed at the end.
No comments:
Post a Comment