If you have kids and are in the process of a separation or divorce, you have to create a parenting plan. However, some marriages can be complex, and the spouses cannot agree on parenting issues. You both love your kids but have other problems. Whatever the reason, you need to do what is in the children’s best interests.
Finding an Attorney
The first step is to find an attorney who has experience in working with families with children. It would be best to feel comfortable with the attorney since you are putting the outcome of the parenting plan in your attorney’s hands. The attorneys at the Mohajer Law Firm, APC, have experience dealing with contentious divorce situations involving children. Furthermore, Sina Mohajer has children of his own, so he knows how important it is for you to have a fair time-sharing schedule and input into your children’s schooling, doctors, and their daily lives.
“Request for Order” for a Parenting Plan
The courts understand that divorce can take some time, and they don’t want to keep you away from your kids. If your spouse refuses to agree on time-sharing and other issues involving the children, you can file a Request for Order (RFO). The court will not make you wait to see your children during the divorce process.
The court will hear testimony regarding your situation and determine what is in the children’s best interests. The outcome could be:
- The court finds that both parents are capable and willing to care for the children. It will order a fair time-sharing schedule, including input from both parents for significant choices in the child’s life.
- The court finds that one parent has substance abuse issues or other issues. The court will look at what is in the best interests of the children before making a ruling. The court might order supervised visitation if it finds evidence that the spouse is stable.
- The court finds that one parent is abusive toward the other, but not to the children. The court might order a fair time-sharing schedule or supervised visitation.
- The court finds that one parent is abusive toward the children. Regardless of the importance of children spending time with both parents, it is not in their best interest to be with a parent that abuses them. While the court will do what it thinks is the correct action for your situation, child abuse warrants supervised visitation.
In severe cases, the court might award one parent full custody of the children and order the other parent to have supervised visitation and obtain help for their violent tendencies. Once the abusive parent proves that they are no longer a threat, the newly calm parent has the option to petition the court for regular time-sharing.
If you need a family lawyer, contact Mohajer Law Firm, APC, for a free consultation.
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