Child custody arrangements are most likely the most emotional and combative negotiations a person can experience. Even divorcing spouses that can settle financial or other serious matters cordially occasionally find that the discussion concerning child custody and visitation can become contentious. A lot of child custody arrangements include a custody and visitation schedule concerning the time, place, and fashion for child custody exchanges, but many time even this is not sufficient.
The literal exchange happens every time the child heads from the custody of one parent to the other parent. Through the family law setting, these exchanges are under the category of “visitation rights” on the basis of the assumption that each of the parents are allowed to spend time with their child(ren), despite specific other child custody issues, like missed child support payments and other issues.
Due to the nature of child custody, nevertheless, these exchanges from one parent to the other may become challenging. The below offers a summary of child custody exchange procedures and the way to make it work for your situation.
Custody exchanges typically occur regularly each day amongst 1,000 of families, often with little or no major problems. nevertheless, disagreements do come up — usually on topics associated to school, child raising, and child support — and emotions surge, particularly among parents that simply can’t come to an agreement or that might hold a grudge.
When this happens, the child’s setting could turn hostile, nasty, and possibly physically and emotionally harmful (for instance, with pushing, slugging, or name-calling in front of the children*).
Unsuccessful Child Custody Exchanges
There have been several instances of child custody exchanges ending dreadfully, usually in tragedy. As an example, a mother in Buffalo was shot and severely injured during a custody swap by her ex-husband’s fiancé, with the couple’s 5-year-old son nearby. A woman in Seattle, Washington was charged with several assault charges when, after an argument with her child’s father, she tried to pull him from the car and sprayed his friend (just a passenger) with pepper spray.
These cases are examples of the legal difficulties that may come up throughout these highly emotional exchanges. Whereas law enforcement could be called to help hinder or stop destructive behavior, specifically when a child is involved, they’re usually limited in child custody issues to simply documenting what is happening, or what has already happened, for later court examination.
Pointers for a Productive Child Custody Exchange
Violent behavior or disagreements among parents during their child custody exchanges is never in the “child’s best interest” and should consequently be avoided both to safeguard the child and their parents’ interests. At the end of the day, one or both of their parents could take the chance of the loss or limitation of their custody rights where violence or other issues arise during these exchanges.
Don’t allow this to happen to you.
Here’s a list of 5 pointers to help make your child custody exchanges smooth processes.
- Choose a secure, public location. When an exchange occurs in a public place (such as your child’s school or day care or a location near local police), there’s less risk of disagreements and the presence of other people also can help to minimize tensions.
- Bring an unbiased 3rdparty with you. Having someone who is neutral when it comes to any past squabbles with your child’s other parent also helps to hinder tensions while giving you a more trustworthy witness in case things do go crazy. They may be a colleague that you carpool with or maybe even n education authority.
- Have someone else make the exchange. If the emotions are still intense between you and your ex to the point where just seeing them is going to cause an argument, then think about having a friend or relative meet with the child and then bring them to your vehicle. If you’re thinking about this way, it’s probably something that you’ll need to work out through your custody arrangements beforehand.
- Be on time. One of the easiest ways to provoke an argument is by causing an annoyance or having an outwardly small argument over being a couple of minutes late. When emotions come into play these conflicts can swiftly escalate and lead to a repeating of past problems.
- Don’t increase the tension. If you begin to see an argument approaching, be the cool, positive parent, setting a good example for your child and for their other parent. Be tolerant or ask for the other parent to put out their concerns in an e-mail or some other sort of communication. This is not only going to help each to express their concerns, but people also usually have less hostility when writing something that might be seen by a court in the future. When needed, you can always defer the argument to your lawyer to take on.
Questions Concerning Child Custody Exchange? Contact a Family Lawyer
As forementioned above, child custody is a tricky matter to negotiate and even following an agreement being reached, child custody exchanges can still be complex. If you’re dealing with convoluted child custody matters, it’s best to get a hold of an experienced child custody lawyer, that can help you manage any legal ramifications presented by your situation.
Staff, F. L. (2022, December 29). Child Custody Exchange. Findlaw. Retrieved December 29, 2022, from https://www.findlaw.com/family/child-custody/child-custody-exchange.html
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