When you and your spouse tie the knot, the last thing you may envision is the bitter divorce and custody battle that will accompany the end of your marriage. Unfortunately, custody-related matters are among the most highly contested issues that arise during a divorce, and in many instances, you’ll find that this can bring out the worst in people. As such, if your spouse threatens to take your children during the divorce, this blog explores what you should know about custody and how you can protect yourself. You’ll also learn why connecting with a Nassau County child custody lawyer is critical to exploring your legal options.
How Does Child Custody Work in Nassau County?
When you and your spouse decide to divorce and you share a child, understanding how the child custody process works is critical. If you and your spouse cannot agree on how to divide custody, the matter will be turned over to the court. The judge assigned to your case will consider a number of factors in order to determine the outcome that is in the best interest of the child. Typically, courts try to award 50/50 custody as they believe it is the best outcome for the child as they can maintain a relationship with both parents.
However, as mentioned, the courts will examine several different circumstances to ensure this is the best outcome for the child, including:
- The age and health of each parent
- The income of each parent
- The job responsibilities of each parent
- The ability of each parent to provide a safe and stable home for the child
- Where the parents live in relation to one another
- If there are any allegations of substance abuse
- If either parent has a criminal history
- If there are allegations of abuse or neglect
What Can I Do if My Spouse Threatens To Take Our Children?
If your spouse has threatened to take your children, it can be incredibly upsetting. After all, the thought of never seeing your children again may be enough to cause panic. However, it’s important to understand that unless your spouse obtains a court order barring you from seeing your children, they legally cannot withhold your children from you.
In the event your spouse threatens to “tell the court” incriminating evidence as a means of preventing you from seeing your children following the divorce, working with an experienced attorney is imperative. Unfortunately, it is not uncommon for spouses to allege abuse, neglect, or substance abuse issues in the hope that they receive full custody in these matters. However, working with an attorney can help you disprove these heinous allegations.
You should note that though it can be tempting in these situations, the last thing you should do during a bitter custody battle is retaliate. The courts look unfavorably on those who lie or throw threats around, and the court will look unfavorably upon you if you try to seek revenge on your spouse for their behavior.
When you are going through a divorce an need help, working with the experienced team at Barrows Levy PLLC is in your best interest. Our firm understands how difficult these issues can be, which is why we will do everything possible to help you fight for the best possible outcome during these matters. Don’t hesitate to contact our team today.
