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Sunday, February 17, 2019

Spousal Communication during a Divorce

Couples who are going through a divorce face the issue of how to effectively communicate with each other. Attorneys at Southpark Family Law Charlotte North Carolina have seen often enough how helpful proper communication can be in a divorce. When children are involved, communication is necessary, although there are some unofficial guidelines you can follow while your divorce is pending.

divorcing couple illustration, cartoon
The first thing you should know is that your words could be used against you when it comes to financial arrangements or child custody in your divorce. Your words also extend to social media, text messaging, and email as they are considered the same as the spoken word. That is why you should always be mindful of what you say to your spouse. If there is a danger of saying something that could come back to hurt you, desist communication outside of what is absolutely necessary.

Effective communication is important in cases when a parent is seeking joint custody. In these instances, it is always good to have positive communication in written form. This could be a helpful piece of evidence should your spouse suddenly decide to contest the issue of joint custody. Remember, having good communication in written form can be used just as effective as having negative communication in written form.

When communication is amicable, it is still not a good idea to reveal too much. Keep in mind that you and your spouse are adversaries when it comes to your divorce. Communicate only what is necessary and when in doubt speak to your Charlotte divorce lawyer.

Poor communication should always be avoided while a divorce is pending and it is important to remember that this could be a time you wind up seeing a bad side of your spouse. Keep the conversations businesslike and try not to take things personally. The marriage is dissolving and the best approach you can take is to get through the divorce as quickly as possible.

woman communicating with divorcing husband, text, email, divorce, seperation, communication

However, that does not mean you need to put up with harassment or intimidation. If that is the case, it is recommended to respond in a professionally manner by asking the other party to desist in written form. If the harassment continues, that communication request can be a valuable piece of evidence. And if you feel unsafe, consult your attorney who will then take appropriate measures. A court order could halt communications and use a third party for future interactions, thus eliminating direct communication altogether.

Southpark Family Law can provide you with a Charlotte North Carolina divorce attorney who will help you through every step of the process. One of our attorneys can also help you through your child custody or child support case as Southpark Family Law has a family law attorney standing by ready to help you.

Monday, January 14, 2019

Non-Custodial Parents Have Options When Denied Visitation Rights

It is not uncommon for separated or divorced couples to run into problems with the visitation of their children. Many times, the custodial parent will prevent the non-custodial parent from seeing his/her children. However, according to a divorce lawyer in Charlotte, the non-custodial parent has a significant amount of rights when it comes to visitation.

The most important thing to note is that it is illegal for a custodial parent to deny visitation when there is an existing custody order that grants visitation rights. Extenuating circumstances are taken into consideration when a non-custodial parent presents a threat or potential harm to the child. That harm does not have to be physical, but could also extend to emotional harm. As long as neither of those dangers are an issue, a non-custodial parent can take the necessary steps towards righting this wrong.

The first step is to document every instance when visitation was denied. Also, keep a record of every exchange with the custodial parent, which includes text messages, emails and phone messages.

In the event that there is a custody order in place, you can seek out the assistance of your local police force. That begins by filing a police report. But don’t be surprised if police officers are not so quick to intervene when it comes to being the mediator that attempts to divvy up parenting time. They are more prone to help when a child’s well-being is threatened in some way.

Even if the police provide some kind of help, turning to a family attorney is highly recommended since there is no guarantee that the custodial parent will not try the same thing again. A Charlotte family law attorney will use a number of strategies to help on your behalf.

child custody, visitation rights, divorce law NC, Charlotte parent rights
The first step will be to resolve the matter outside of court, but not without considering that missed visitation days should be accounted for and made up in the future. This attempt will also be documented and can be one more piece of evidence brought into a court.

When the matter does go to court, non-custodial parents have the right to request an enforcement or modification of the custody order. Non-custodial parents may also file contempt charges against the custodial parent because a denial of visitation is a direct violation of a court order. Such violations could result in penalties or fines against the custodial parent.

In North Carolina, Southpark Family Law helps parents who are being denied their visitation rights. Our team of attorneys can help bring an end to what can be a very difficult situation by protecting and fighting for your rights as a parent.

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