Whenever we meet a new client who’s being denied visitation with their children, we know we have our work cut out for us. Sometimes, it’s not the legal issues that stand in the way of us securing our clients proper visitation with their kids. It’s actually our client’s frustration and anger toward their ex-spouse that causes the biggest problem. While you’re Greenville child custody lawyer would never expect you to be friends with your ex-spouse, they will encourage you to let the law take care of your problems.
With the holidays approaching, a lot of parents are worried that they won’t get to see their children per their child custody agreement. This could be based on prior history. Maybe your ex has kept you from seeing your children for the last three years during the holidays. Perhaps the other parent has threatened to take the kids away for the holidays so that you won’t be able to see them at all.
This kind of stuff happens all the time. The best way to handle it is to let your family lawyer in Greenville file the necessary motions with the family court. If this is something that’s pressing, we can always file an emergency motion a nested court to give us consideration on a fast-track basis. In order for us to help, you have to put your feelings for your ex to the side and contact one of our Greenville child custody lawyers.
Do You Currently Have a Child Custody Agreement?
One of the first things you’ll want to provide to your Greenville child custody lawyer is a copy of your current child custody agreement. This may be the same order you signed when you got divorced. Or it may have been a modified order that was handed down by a judge recently. Whatever the order is, both you and your ex are legally required to follow it. If your ex is refusing to honor the agreement by not allowing you to see your kids during the holidays, then they are in violation of a legal court order. We will need to see both a copy of the order as well as documentation showing us that your ex is not allowing you to exercise your rights under the existing child custody order
How Long Have You Been Having with Your Ex Regarding Child Visitation?
Something else that you’ll have to explain to your attorney is how long these issues with your ex have been going on. If up until today your ex-spouse has honored your child custody agreement, there’s no reason to think they won’t do so through the holiday season. This is especially true if they have consistently honored the child custody order in recent years. When the court sees a parent filing a motion to enforce an order and there’s no justification for the enforcement request, it puts a bad taste in the judges mouth. If this happens, you’ll make it more difficult for yourself in the future if an actual issue does arise. Just make sure you’re open and honest with your family lawyer in Greenville before they file anything with the local courts.
Your Greenville Child Custody Lawyer Can File a Motion on Your Behalf
If you can prove that your ex is truly forbidding you from seeing your children during the holiday season, then your Greenville child custody lawyer can file a motion on your behalf. This will be a motion to enforce an existing child custody order. Along with this motion, your family lawyer in Greenville will have to attach a certification that outlines the reasons why the judge should grant in your order.
This is where it’s important that you tell the truth, the whole truth, and nothing but the truth. This may sound like an overstatement. However, if your ex can demonstrate that you did not tell the truth in your certification, not only will your motion be dismissed, but you will also likely be ordered to pay your ex’s attorney fees. So just be upfront with us and let us know why you’re truly afraid that you won’t get to see your kids over the holidays.
Child Custody Issues Can Be Personal – Let Your Greenville Child Custody Lawyer Handle Things for You
One thing our Greenville child custody lawyer has learned over the years is that disputes over visitation can get very adversarial. Our clients take these issues very personally. Whether we’re representing a mother or a father, when somebody tries to mess with their time with their kids, they get very angry and will do whatever it takes to make things right. Countless times. we’ve had to talk a client off the ledge from doing something that would only get them in trouble with the law.
We understand how you feel when your ex tells you that you can’t have your kids for Thanksgiving or Christmas. We understand how frustrating it can be when your children’s other parent won’t let you have them for Hanukkah. What you have to remember is that there are legal solutions to these problems. It may not seem like the law can fix your problem at the time, but you have to at least give it a chance.
That’s why we suggest you meet with one of our family lawyers in Greenville before you do something you can’t take back. We will do whatever we can to ensure that you have fair visitation with your children. If need be, we will file an emergency motion with the court to force your ex to honor your child custody agreement. If you don’t feel that will be enough, we can even file a motion to modify your custody agreement. Just put your faith in your Greenville child custody lawyer’s hands. Contact our office and ask to schedule an emergency meeting so we can get started on your case right away.