Besides death, getting divorced is one of the most devastating positions that you will encounter Often the parties are so caught up on the emotion of their divorce that they lose sight of the situation as they are fueled by their sentiments. As any attorney will tell you, this will more likely than not backfire on you and when it comes to children, you most definitely need to put their best interests first.
In the majority of cases legal custody will be joint custody with one parent being deemed the residential parent for child support purposes. To warrant a modification of a pre-existing custodial arrangement, there must be sufficient evidence to support a change of circumstance reflecting a real need for a change with again the determining factor being the best interests of the child. Courts have held that the alienation of one parent and/or the lack and inability of the parties to communicate with each other concerning the needs of the child does not advance the best interests of the child and is enough to establish a change in circumstances and if necessary, a change in custody. Again, that may be enough for a Court to change the custodial arrangement. Additionally, if one parent purposely attempts to interfere with the other parent’s parental rights, this may be sufficient for a finding of a change in custody.
False accusations and parental alienation is the fastest way for you to lose physical custody of your child. Remember, divorce is hard enough for children to adapt to, the last thing they need is for you to ruin the relationship with your former spouse for no other reason than you are desiring revenge. The best interest of your child is for him/her to always have a loving relationship with both parents. The Courts take this very seriously and will act to promote a caring relationship between parent and child. It is imperative that you always foster such a relationship and not interfere. While you may no longer wish to speak to your ex-spouse, for the sake of the children, until they are emancipated, you must have at least a cordial relationship where you can discuss the needs of your child. It is to your peril if you are unable to keep such a relationship going.
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