Nothing is more important to a parent than maintaining a strong and healthy relationship with their child. When your marriage or relationship with your child’s other parent comes to an end, it will certainly bring about changes in your child’s life, but losing time with you shouldn’t have to be one of them.
At Aiello & Associates, we understand how important it is to create child custody and parenting time arrangements that meet each family’s unique needs. We work hard to help our clients obtain the most favorable divorce and custody terms possible, helping them move forward while focusing on the future, not conflict.
Child custody law is based on an important idea known as the “established custodial environment.” An established environment is a physical environment where the child lives. An established environment also has emotional components pertaining to how much the child looks to each parent for guidance and discipline.
Simply put, if you allow a child to spend most of their time living with your ex, a court is probably going to stick with this arrangement in the future. Once this environment is established, the courts cannot change custody or parenting time in a manner that interferes with this environment unless there is a compelling or urgent need to do so.
Did you know that the parenting time and custody arrangements contained in your initial divorce or custody judgment are likely to stay in place and may be difficult to change in the future?
A common error asserted by parents in divorce and custody situations is the mistaken assumption that they can settle “temporarily” and revisit custody and parenting time later on. For example, a parent will often believe they can settle a divorce now with limited parenting time and successfully ask a court to grant equal parenting time when the child is older. Unfortunately, this approach is wrong because it fails to account for the establishment of an environment wherein the other parent spends more time caring for the child’s needs over a period of years. A court is not likely to change this arrangement several years down the road unless a compelling emergency situation arises, which is not usually the case.
Your best chance is to obtain favorable custody and parenting time provisions at the outset, which will be hard for your former partner to take away from you later on.
It is strongly advised that you seek a favorable parenting time and custody schedule in the initial divorce and custody judgment before your ex establishes an environment in your absence. Do not make the flawed assumption that your parenting time will be easily adjusted in the future. Prior to entering into a judgment that provides you with unfavorable parenting time or custody provisions, consult with an experienced child custody attorney.
Aiello & Associates has spent many years successfully fighting to protect our clients’ parental rights, and we’d be honored to help you, too. To discuss your custody matter, call our office or send us a message to request a free consultation.
We boast a team of highly
experienced and skilled attorneys who work in
divorce and family law. With a deep understanding of the legal intricacies involved in these matters, our team is well-equipped to handle even the most complex cases. We leverage our knowledge to provide comprehensive legal counsel and representation, ensuring that our clients’ interests are protected.
We prioritize building strong client relationships based on trust, open communication, and empathy. Our accomplished attorneys take the time to listen to your concerns, thoroughly assess your needs, and develop personalized legal strategies that align with your goals. With our unwavering dedication to client satisfaction, we ensure that your interests are prioritized throughout the legal process.
We have established a solid track record of success in handling intricate and highly contested divorce and family law cases. Our firm has successfully resolved numerous complex legal issues, including but not limited to contentious divorces, child custody disputes, property division challenges, and spousal support matters. We take a strategic approach to deliver favorable outcomes for our clients.
Email us below or call 586-303-2211 to learn your legal options.