Your spouse may not take it well when you break the news about considering a divorce filing. In a desperate attempt to stop you from moving forward with this, they may adopt emotional manipulation tactics, whether this be intentionally or subconsciously. For one, we often see cases where one spouse threatens to take away the other spouse’s access to their shared child. It is not right for you to get stuck in this horrible situation. So if you are, please read on to discover what to do if your spouse threatens to take your child away from you after a divorce filing and how one of the seasoned Somerset County child custody lawyers at the Law Offices of Kisha M. Hebbon, LLC can help relinquish this tense-filled situation.
If your spouse threatens to take your child during and after your divorce proceedings, you must wait until you are both in a calm state before entering a peaceful negotiation. In these negotiations, you may figure out an ideal arrangement for you two and your child alike.
You may even be transparent with your child if they are of a mature enough age, and discuss the matter with them. Here, they may want to voice their opinion on their preferential living arrangement, all while knowing that you and your spouse will respect one another and remain civil no matter what.
Unfortunately, it may be difficult for you and your spouse to reach a conceivable agreement on your own. So you may have to turn to litigation and let the New Jersey family court decide on your behalves. But rest assured, they will make a decision that is 100 percent in your child’s best interest.
You may detect that your spouse is no longer spewing empty threats about taking your child away from you, but is getting rather forceful or violent with their behaviors and actions. With this, you may now fear that your child’s immediate safety is at risk.
If you find yourself in this worst-case scenario, you should petition the New Jersey family court for a protective order, which may restrict your spouse from contacting or coming near your child. Or, you may request an emergency custody order, where you may get temporary custody of your child until the court finalizes your permanent custody arrangement.
Either way, you must supply the court with evidence of your spouse’s concerning behavior. This may entail copies of written communications displaying your spouse’s violent threats. Or, copies of police reports documenting your spouse’s incidents of domestic disputes.
Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal representation. At the very least, they may serve as a shoulder to lean on or a listening ear. So when in doubt, please schedule an initial consultation with one of the competent Somerset County family lawyers from the Law Offices of Kisha M. Hebbon, LLC today.
