Can I seek protection for my children during the divorce process?

Yes, you can seek protection for your children during the divorce process. In situations where there is concern for the children's safety, well-being, or stability during the divorce, the court can intervene to provide the necessary safeguards and protections. The protection sought can range from ensuring physical safety to securing financial support and stable custody arrangements.

Here are the key steps you can take to protect your children during the divorce:

1. Request for Temporary Custody and Visitation Orders

• Temporary Custody: If there are concerns about your children’s safety or stability during the divorce, you can request temporary custody orders. These orders are meant to ensure that children are placed in a safe and stable environment while the divorce is pending.
• Temporary Visitation: If your spouse is a threat or there are concerns about their behavior, you can ask the court for temporary visitation restrictions or supervised visitation during the divorce process to ensure the children are safe when with the other parent.

2. Restraining Orders and Protection Orders

• Protection from Abuse: If there is a risk of abuse, neglect, or harm to your children, you can request a restraining order or a protection order. This order can prevent your spouse from having contact with you or the children or can limit their access to the children, depending on the circumstances.
• Emergency Orders of Protection: In cases of immediate danger, you can file for an emergency protective order. This order can temporarily remove the abusive parent from the home or prevent them from having contact with the children until a more permanent solution is determined in court.

3. Involvement of a Guardian Ad Litem

• Guardian Ad Litem (GAL): In contentious or high-conflict divorces, the court may appoint a Guardian Ad Litem for the children. A GAL is a lawyer or trained professional who represents the best interests of the children during the divorce process. The GAL will investigate the family situation, gather information, and make recommendations to the court regarding custody, visitation, and other matters related to the children’s well-being.

4. Child Custody Arrangements

• Legal and Physical Custody: You can ask the court for a custody arrangement that ensures your children are in a safe and supportive environment. Legal custody determines who has the right to make decisions for the child (e.g., education, health care), while physical custody refers to where the child will live. In some cases, one parent may be awarded sole custody, or joint custody may be ordered depending on the circumstances.
• Visitation Schedules: If your spouse is not a danger to the children, but you are concerned about the stability or regularity of their visits, the court can establish a structured visitation schedule to ensure that the children have regular contact with both parents in a safe manner.

5. Child Support and Financial Protection

• Child Support Orders: Along with custody arrangements, you can seek a child support order to ensure that your children’s financial needs are met during and after the divorce. This can provide for healthcare, education, housing, and other essential needs.
• Financial Stability: If your spouse is withholding financial support or is likely to do so during the divorce, you can request temporary financial support orders. These can ensure that your children have the necessary resources to maintain stability during the proceedings.

6. Monitor for Substance Abuse or Mental Health Issues

• If you have concerns that your spouse is struggling with substance abuse, mental health issues, or other behaviors that could affect their ability to care for the children, you can ask the court to require evaluations or supervision of visitation.
• Drug Testing: In cases where substance abuse is suspected, the court may order drug testing for the parent or may limit their time with the children until they complete treatment or can demonstrate that they are no longer a danger.

7. Document and Report Concerns

• Document Behavior: If you have concerns about your spouse’s behavior, especially if it involves threats, abuse, neglect, or inappropriate conduct, keep detailed records. This may include noting any incidents, keeping medical records, or preserving evidence that can be presented to the court to demonstrate the need for protection.
• Report to Authorities: If there are immediate threats to the children's safety, don’t hesitate to contact child protective services (CPS) or law enforcement. Authorities can investigate the situation and intervene if necessary to protect the children.

8. Mediation or Counseling

• Mediation: In some cases, the court may suggest or require mediation to resolve custody or visitation disputes amicably. A mediator can help both parents discuss their differences and work toward a solution that prioritizes the children’s best interests.
• Counseling: If the divorce is creating emotional stress for the children, you can request counseling or therapy services for them. The court may order that the children receive therapy to help them cope with the emotional effects of the divorce.

Example

If you are concerned about your children’s safety due to your spouse’s violent behavior, you could seek an emergency protection order from the court, request temporary full custody of the children, and ask the court to limit or supervise your spouse’s visitation. Additionally, you could request a Guardian Ad Litem be appointed to ensure your children’s best interests are represented during the divorce process.

Conclusion

If you believe your children need protection during the divorce process, you have several options to ensure their safety and well-being. The court can issue protective orders, establish custody arrangements, and order supervised visitation if needed. It's important to work with an experienced family law attorney to navigate these legal steps and ensure that the children's needs are met throughout the divorce proceedings.