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You may know it is in your and your kids’ best interests if you part ways with your spouse and initiate a divorce filing. However, knowing that you are leaning toward this decision, your spouse may intimidate you by claiming they will take your kids during and after the divorce proceedings. However, you should not let these lame tactics make you shy away from doing what you believe is the safest and healthiest option for all involved parties. So if this is your current internal struggle, please continue reading to learn what steps to take if your spouse threatens to take your kids in the event of a divorce and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help alleviate your pressing worries.
What should I do if my spouse threatens to take my kids during a divorce?
Understandably, your spouse’s threats of taking your kids away may automatically evoke fear, anxiety, and panic. But we ask that you please remain calm at this very critical time, as you must act mindfully and reasonably moving forward to protect your kids’ wellbeing. With that being said, any of the following actions may help you and your kids out of this situation:
- Collect tangible evidence revealing your spouse’s threats, such as written communications, videos of in-person interactions, etc.
- Maintain a stable home environment for your kids, and do your best to protect them from the knowledge that such threats are being made.
- Encourage your kids to maintain a close relationship with your spouse, but only if you are confident it is safe for them to do so.
- Involve local law enforcement if you believe these threats are becoming violent, and your kids’ immediate safety is being put at risk.
- Contact a divorce attorney to get started on your divorce filing immediately and petition for necessary protections as deemed necessary.
How does the court decide who takes my kids during a divorce?
Please rest easier knowing that the New Jersey family court will think little about your spouse’s preference that they want to take your kids into their full custody during and after your divorce. Rather, they will be more interested in factors that reveal what is in your kids’ best interests when deciding on a temporary custody arrangement during your divorce proceedings and a permanent custody plan thereafter. Such factors include the following:
- Your and your spouse’s overall history with parental fitness.
- Your and your spouse’s physical, mental, and financial fitness to care for your kids.
- Your and your spouse’s abilities to provide your kids with a stable, safe home environment.
- Your kids’ already established emotional connections with both you and your spouse.
- Your kids’ preferences on their living arrangements, if deemed mature enough.
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 a skilled Bergen County family law attorney from McNerney & McAuliffe today.
