02 Dec 2015

Holiday divorce trends you should know about

Have you ever noticed that January is the busiest time for most divorce lawyers? A reason that many couples put off calling a divorce and child custody plans until after the Thanksgiving and Christmas holidays is to not upset the children during what should normally be a joyous and celebratory time of year.

Here we’ll addressed recent trends/changes to family law regarding interfering with parenting time.

A New York Court ruled that a father who has been prevented from seeing his son by the child’s mother should no longer be obligated to pay child support. In that case, the Court found that the mother had engaged in a “pattern of alienation” by continuously interfering with the father’s parenting time schedule. In fact, she told the Judge that she would do whatever it takes to keep the boy away from his father. This case is extremely unique in the fact that the Courts generally keep the obligation to pay child support and the right to parenting time completely separate. However, there is a growing trend throughout the country, to crack down harder on parents who intentionally interfere with the other’s parenting time. Some states are even giving the Judge’s more tools by which to punish a parent who is engaged in intentional interference with parenting time.

a.) Criminal proceedings expose those charged with the intentional interference with parenting time to jail sentences, fines and probationary restrictions. The offense can be punishable by imprisonment for not more than two years or to payment of a fine of not more than $4,000. The court may also, in addition to any sentence imposed, assess any expense incurred in returning the child against any person convicted.

b.) There are also civil remedies for the deprivation of parental rights.

Compensatory time;

Civil penalty of up to $500 on the party;

Award reasonable attorney’s fees and costs;

Finally, if a Judge finds that there has been an unwarranted denial of or interference with duly established parenting time, they may modify the custodial arrangement completely.

Happy mother and baby opening christmas presents

You can find the original article with a video explanation here: http://kare11.tv/1SxovhE

We would recommend that couples should contact us for advice at the Law Office of Alice Pare at 301-515-1190 or visit our website at: https://www.alicelaw.com

Do not at any time take the risky move of going at it alone.  We have a wide choice when it comes to going it alone but with the professional advice you will need.

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