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

On Behalf of | Mar 27, 2020 | Family Law

Virginia parents prioritize their children when going through a divorce. This makes sense, as there are many aspects of divorce related to your children. You must figure out custody matters, child support payments and more. 

But how do you handle the absence of a co-parent? Today we will look at the answer to this question. We will examine reasons to request custody order modifications and more. 

What is the absence of a co-parent? 

VeryWell Family discusses reasons to ask a court to modify your custody arrangements. Among the most common approved reasons is “absence of a co-parent”. When do courts consider a co-parent absent? They consider a co-parent absent if they cannot or will not stick to a custody schedule. The reasons vary and include: 

  • The co-parent passing away 
  • The military assigning the co-parent to a new location if active duty 
  • Conviction of a criminal case resulting in the co-parent’s incarceration 
  • The co-parent choosing to move away for personal or career reasons 

Voluntary vs involuntary absence 

In some of these cases, a co-parent has no choice but to leave. They cannot stick to a custody order, but it is not of their own volition. You may have a chance at working out a new arrangement before presenting to the court. Courts tend to favor these requests. 

In other instances, parents choose absence despite remaining in the local area. If your co-parent refuses to stick to a custody order, you must try to talk things out first. If you prove that you tried this and nothing changed, you may then go to the court. They will consider your request as long as they have a sign that you attempted to work things out first.