However, sometimes even the most amicable of divorces can turn contentious when it comes to determining which parent will have custody/visitation over specific holidays. In effort to prevent any untimely disagreements over custody during the holiday season, it’s worth reviewing your existing custody orders now, or having custody orders created and filed immediately, by an experienced San Diego Child Custody attorney.
Creating Clear, Enforceable Child Custody & Visitation Schedules In San Diego
The Family Court has approved the Children’s Holiday Schedule as a legally binding and enforceable agreement which spells out exactly how children of divorced couples in San Diego will spend their holidays. (Read: If you don’t currently have such a schedule, there’s no time like the present to contact an experienced San Diego Family Law Attorney to help you to lock in your custody rights ahead of the holidays!)
In addition to detailing exactly how custody will be allotted during the holidays, custody orders also ought to cover transportation to and from each spouse’s residence, extracurricular activities and so on. While many ex-spouses are able to use the orders as a guide, with both parties being open to modifications as life unfolds, in other cases, this just will not work.
For example, in extremely emotionally charged divorces, a legally binding court order will safeguard your custodial rights, even if your ex -spouse is refusing to cooperate. In cases such as these, where a child custody/visitation schedule is in place, but one party refuses to abide by the terms, the parent seeking their legal right to see their children has options, such as calling the police for help in enforcing the order or seeking emergency relief from the court where applicable.
Likewise, if your ex-spouse is purposefully disregarding or violating the custody orders during the holidays, you have several options for how to obtain relief in court. Failure on behalf of the party at fault to abide by the court’s orders can result in a custody modification, or in severe cases, may even involve jail time for the parent refusing to abide by the custody orders. It should be noted that because these types of situations can be complex, it is advisable that you contact an experienced family law attorney in San Diego for counsel concerning your unique situation.
An attorney who specializes in family law issues, and who zealously advocates on your behalf for what is right and reasonable, is sure to help make any holiday custody concerns seem just a little less scary.
For more information, visit www.primusfamilylaw.com