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What do you do if your co-parent is absent?

On Behalf of | Mar 27, 2020 | divorce | 0 comments

When parents in New York divorce, their children are at the forefront of their concerns. They figure out matters like child custody and support. They decide visitation schedules. The court makes every decision with the child’s best interest at heart. 

So, what if circumstances change? What if the situation that once benefited your child no longer does? What if an absent co-parent throws your schedule into disarray? Today we will take a look at this question. 

Co-parent absences that are out of their control 

VeryWell Family looks at different cases of absent co-parents. These absences occur for many different reasons. For example, an absence may happen without warning or your co-parent’s intent. Examples include a co-parent passing away. If they are active duty military, the military may assign them to a different location. This prevents them from sticking to a custody schedule. Convictions of criminal charges may result in jail time. This prevents them from sticking to the schedule, too. 

Co-parent absence by choice 

In other cases, their absence is more of a choice. For example, some choose to prioritize a new job offer and move elsewhere. Others no longer wish to abide by the custody schedule and stop visitations. If the latter has happened to you, the court expects you to try working things out on your own first. 

What if you tried having discussions and they went nowhere? What if your ex-spouse’s absence is not of their own choosing? In these cases, you may request that the court modifies your custody arrangement. The court looks at each modification request on an individual basis. They decide if a new arrangement would benefit your child more. Based on that, they may make these changes.