Child custody battles can be very stressful to say the least, but sometimes they can also pop up unexpected. There was a blog in the Huffington Post Divorce about a fictional custody case that was based on a lawyer’s real experiences with clients. This blog pointed out two mistakes that should be avoided in divorce and custody battles.
A couple had a child, and they divorced on good terms, meaning there was no court case. The child stayed with the mother, and the father moved to another state about 2,000 miles away and got married again.
There were no problems with this arrangement until the mother sent her son to his father for six weeks over the summer. A day before going to pick her son up from the airport, the mother got a call saying that her son would stay with the father instead.
The father’s new wife had convinced him they should have the child live with them to avoid paying child support, and the case was taken to court in their state of residence. The mother tried to get the case dismissed and succeeded at first, but eventually lost, because building a solid case from 2,000 miles away was too difficult.
This case cost the mother tens of thousands, because she had to fly in for court, have a home inspection that cost her $2,500, and pay legal and fees child support.
The dramatic legal battle could have been prevented by handling their divorce properly in the first place, and getting a custody order right after the divorce. If not, the mother should not have sent her son away without having a custody order in place, so that a custody case would be handled in her state. The mother should have also filed for custody in her own state in addition to trying to dismiss the case in the father’s state of residence.
Divorce and child custody cases can be emotional but also very complex if unexpected issues arise. Handle your divorce properly from the start and hire an experienced divorce attorney in your DuPage County, Illinois. Our DuPage County divorce attorneys are ready to help you with your divorce and family law issues, so do not hesitate to contact our offices.
