TalkingParents
If you and your partner are having difficulty communicating, it may be a good idea to use TalkingParents. This app allows both parties to communicate effectively through text, video calls, or phone calls. All communications are recorded and saved to provide accountability should any issue in the future arise. For example, if the parents agree to daily phone calls between the child and the parent who is not exercising parenting time, TalkingParents will maintain unalterable records to prove or disprove that the calls have been taking place. TalkingParents also allows parties to share a calendar for parenting time schedule, doctor appointments, or any other child-related activities so that both parents may continue to be involved.
Complex Divorce Factors
Hostility
If your spouse is becoming hostile by refusing to let you see the children or threatening to dispose of marital assets, it is a good idea to obtain an attorney. By hiring an attorney, the parties may limit direct communication and utilize the attorney as a facilitator. This may aid to avoid any negative interactions.
Domestic Abuse
If you are not comfortable with your partner being alone with the children due to domestic abuse, please know there are ways to protect your family. If you are in an unsafe situation, you should obtain a temporary protection order. This will protect you and your children for approximately 14 days. Your partner will be notified that a temporary protection order is in place. After this period, you may request a permanent protection order. In order to obtain a permanent protection order, you will need to go before the court and provide testimony and evidence as to why a permanent protection order is necessary. Your partner will be present at this hearing and will be able to argue why they do not believe a permanent protection order is necessary. Should the court grant a permanent protection order, it will likely last 2 years and can be renewed. You may want representation at a hearing of this nature. Once you and your children are safe, the custody battle will begin. At this point obtaining an attorney will be beneficial because of the complex factors that are intertwined with the custody case.
Substance Abuse
If you fear that your co-parent is heavily utilizing a legal or illegal substance, you may request the court order your partner to take mandatory drug or alcohol tests. There are many different forms of testing for drugs and alcohol, however requesting a test to take place before, during, and after any parenting time will provide both you and your children with the knowledge that they are safe with the other parent. Substance abuse is a multifaceted issue and it may be beneficial to obtain representation to ensure that your children are safe in the presence of the co-parent.
Income Disparity
If there is an income disparity between yourself and the other party, then you may prefer to obtain representation because it is important to know what you are entitled to and what rights you have. This is because child support and maintenance both utilize gross monthly income to address any necessary payments. Child support is a monthly payment provided by one parent to the other parent which assists in covering the costs of the child’s necessities, such as clothing and food. Child support is mandatory and will be ordered by the court in any matter concerning divorce or allocation of parental responsibilities. Child support is calculated utilizing several factors, however, the two essential factors are: (1) the gross monthly income of each parent and (2) the number of overnights each year each parent exercises with the child.
On the other hand, maintenance is a monthly payment provided by one individual to another to provide financial support for the other individual’s accustomed living expenses. While maintenance is not mandatory and the court does not generally award maintenance to marriages under 3 years, maintenance is calculated through (1) the gross monthly income of each individual and (2) the length of the marriage.
