A Focused Approach To Divorce And Family Law

Can your spouse really take your kids away from you in a divorce?

On Behalf of | May 22, 2023 | Child Custody |

In some divorces, both parties are eager to end the marriage. Other times, only one spouse wants to get a divorce. When one spouse resists and is desperate enough to get down and dirty, they may resort to shady tactics to try and halt the proceedings. Making threats, usually ones involving your shared children, is a common strategy many spouses use.

Family courts understand that the children of divorce need both parents to remain an active part of their lives. To remove your child custody and parenting rights, your spouse must prove that you pose a substantial danger to your kids. Even if that were the case, you would likely still be able to spend time with your children under supervision.

What threats should you take seriously?

The threats a spouse makes about not letting their ex see the kids are nearly always empty, as the court does not allow either party to issue orders or compromise the best interests of children. However, the kind of threats below may need a serious approach.

  • “I’ll make sure our kids hate you.”
  • “I’m taking the children to another country.”
  • “You’ll be sorry you ever decided to divorce me.”
  • “I’m moving our money to offshore accounts where you can’t get it.”

A spouse that acts on these threats could cause psychological harm to your kids, physical harm to you or endanger your share of marital property.

Again, most threats made while a divorce is pending are empty. Still, you probably know your spouse better than anyone. If you have reason to fear they will make good on their words, consult your divorce counsel who can help you protect your rights.

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