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The divorce agreement you negotiate will determine the scope of your parental rights. In the meantime, you still have basic legal rights as a parent that must be respected. Here are some steps that you can take to protect your legal rights in divorce.
Reach an Interim Agreement Once You Begin to Work on the Divorce
Reaching a custody agreement to determine the arrangement going forward may take some time. You should work with your spouse on an interim agreement to provide a framework for the children while the divorce is resolved. If you cannot reach an interim agreement ensuring access to your children, you may need to go to court on an emergency basis, and a judge would dictate what happens in the interim period.
Speak to Your Spouse About the Situation
The hope is that you and your spouse can work together while the divorce is being negotiated and finalized. If you have concerns during a divorce, having a direct conversation about them would be helpful. If you believe your parental rights are not respected, you should raise that with your spouse to see if you can resolve the issue independently. If it is not possible or feasible to talk, your attorney can have a conversation with your spouse’s lawyer to find a solution to avoid a court hearing.
Take Action if Your Rights Are Being Violated
You cannot let violations of your parental rights go unaddressed. You should raise issues and take action about them during the divorce. If you do nothing, a court may think what is happening is acceptable. It is essential that you act quickly. While you may not have to go to court immediately, addressing any issues early and asserting your rights as soon as possible is essential.
Carefully Negotiate a Custody Agreement
The separation agreement that you negotiate will determine your parental rights going forward. You must make sure that everything is put in writing in the custody agreement. This document would lay out everything pertaining to the children, from how they are raised to the physical custody arrangements going forward. You cannot rely on any oral agreements or understandings.
You must work out every detail right now in a manner that protects your rights. Once you sign a custody agreement, it is not easy to modify it through the court in the future. You would need to prove that circumstances have substantially changed for a judge to grant your petition for a modification.
Get Help From an Experienced Lawyer
Your parental rights could be at risk if you do not know the law or how it may apply to your case. Your attorney can review your situation and help you come up with suggestions that could be effective for your custody agreement. They could also help you take immediate action in court if your custody rights are threatened or denied. Anyone going through a divorce needs objective advice from an experienced attorney who could advocate for them and fight in court if necessary.
When your children are involved, you are understandably emotional. You may not be able to see the bigger picture and how legal strategy may play into your custody matter because of your emotions and fears. Your attorney can calmly speak with you and give you their professional opinion about your legal situation and options.
Contact Our Middlesex County Divorce Lawyers at Wiley Lavender Maknoor, PC for Help Protecting Your Parental Rights
Our Middlesex County divorce lawyers at Wiley Lavender Maknoor, PC can help protect your parental rights during the difficult period when your marriage is ending. Call us today at 732-494-6099 or contact us online to schedule a free initial consultation to discuss your case. Located in Metuchen, New Jersey, we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.
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