When you have a custody dispute, it can be one of the hardest times of your life. You want to make sure your children aren’t suffering, but at the same time, you have to protect your right to see your children and may need to take steps to limit their contact with the other parent.
It is particularly difficult for some parents who believe that the other parent is not capable of caring for their children. Perhaps they’re coming back from visitation days with clothes that are too small, are injured or are unusually hungry. If that’s the case for you, you may feel that you have no other option than to turn to the court to try to get more custody or sole custody.
What should you do if you believe that your ex-spouse isn’t capable of providing for your children while in their care?
It’s a good idea to start collecting evidence. For example, if your children always come back hungry and dirty, take photos. If they have injuries every time they come back, take photos and note the date and what they say happened. Talk to your ex-spouse and see what their story is, too. You don’t have to be aggressive or accusatory. At the end of the day, you just need to make sure no abuse is taking place or that no hazardous conditions are present.
If you have major concerns about your ex’s ability to provide or care for your children, talk to your attorney. They can help you seek a modification of custody through the court.