Some people feel truly blindsided by divorce paperwork. When their spouses serve them, they go through a broad range of emotional reactions. In some cases, the depression that arises as a result of an imminent divorce may lead to one spouse basically withdrawing from the process. They may agree to every demand set by the other spouse. They may not even respond to the initial paperwork at all, leading to a divorce granted by default judgment in favor of the filing spouse.
Other times, it may take months for one spouse to secure housing or employment during and after a divorce. They may recognize that they are not in a position to meet the needs of their children and may voluntarily agree to give the other spouse sole custody. In such cases, the divorced parent subject to an imbalanced custody order may want to request visitation or shared custody.
What options do people have after agreeing to custody terms that limit or all but eliminate their access to their children?
Parents can request custody modifications
A parent who has improved their circumstances may be able to request an uncontested modification with the cooperation of the other parent. Once they have adequate housing and stable employment or have addressed personal challenges that may have affected their parenting capabilities, they may be able to negotiate an arrangement to start taking the children on weekends and then increase their parenting time slowly.
Parents can work cooperatively to submit uncontested custody modification requests to the courts at any point after a judge finalizes the divorce. If the other parent is not supportive of the request for visitation or shared custody, then the matter may need to go back to court.
A family law judge can review the circumstances and determine if modifying the custody order is in the best interests of the children. Judges generally want to keep both parents as involved as possible, provided that it is in the best interests of the children.
If a parent can show they can provide for the children’s needs, a judge may agree to award them visitation or shared custody. Other times, they may establish a court-ordered reunification plan. Such plans begin with counseling and eventually lead to a parent without custody having independent parenting time.
Reviewing the current custody order and changes in personal circumstances with a legal professional can help a parent explore their options. A custody modification can help a parent gain access to their children and play an active role in their lives after they previously gave up their parental rights due to the stress of divorce.