It is quite common for disputes to arise between spouses after divorce regarding child custody and other matters. If the parties cannot resolve the disputes or want to make changes to a child custody order, they will need to request a special hearing from the court modifying the existing child custody order.
Types of Disputes
The most common dispute after divorce between former spouses is the failure to pay court ordered child support. Your former spouse can ask the court to issue a contempt order against you for failing to pay your child support. As a result, the Department of Family Services that is in charge of collecting child custody payments may ask the court to take the following actions against you depending on your state laws:
- Arrest and jail time
- Wage garnishment
- Suspension of your driver’s license
- Suspension or cancellation of your passport
- Denial of a state licensing job such as an insurance license or real estate license
To avoid a child custody dispute or contempt of court order situation, it is recommended that you pay your child support on time. However, there are special circumstances such as the loss of your job, reduction in wages, an illness, death in the family, job relocation, disability or accident that may have caused a material change in your financial situation requiring that your court ordered child custody be reduced or modified either temporarily or permanently. You should seek the help of a family law and divorce attorney to make a motion to the court to modify your court ordered child custody. If you cannot afford an attorney, there may be legal aid that is available to you at no cost or at reduced fees. You should contact the court to find out about legal aid assistance.
Other disputes that may arise include child visitation. Schedules may need to be changed as a result of one parent’s work schedule. A parent may be moving out of the area or the state. The court has jurisdiction over these matters to decide what is in the best interests of the child.
Disputes over medical, dental, education and special needs also occur. The child may now require special medical or educational attention, and the parent that is receiving the child support may need to modify the court order to increase the support to cover these expenses.
Joint or sole custody disputes may arise. The party with custody may have a drinking or drug problem, or there may be evidence of emotional or physical abuse, and the other parent may want to petition the court for sole custody and/or supervised visitation.
Legal Help
If you are involved in a child custody dispute after divorce or need to have a court ordered child custody or visitation order modified, you should seek the help of a family law attorney to prepare the paperwork for you and represent you in court. Child custody disputes are stressful and emotional. Using an attorney to resolve the dispute will make it easier for you, and you will get better results.
