Securing custody of your kids is not guaranteed after a divorce. While most court systems air on the side of it being in a child’s best interest to spend equal time with each parent, certain circumstances may warrant the court to take away custody.
You may want to learn more about the situations in which a judge may take away custody so that you don’t unnecessarily put yourself in a position to lose what you currently have.
Situations that may result in a judge removing custody
There are a few different circumstances that may make a judge more likely to take away custody than others:
- Violating a custody order. Custody interference may be classified as kidnapping, especially if you keep your children for longer than you should and thus result in you losing custody.
- The use of physical force to discipline your child
- Neglecting your child by leaving them home alone, without food or provide them with an inadequate diet or an unclean environment
- Domestic violence in the home. A judge may deprive you of custody if you’re facing such charges or if you’re convicted of a domestic violence crime, even if your child involved.
- Parental alienation: If you make false allegations of abuse against your co-parent or try to taint your child’s view about them may result in you losing custody.
Further, any history of mental or physical illnesses, especially if they impact your ability to care for your child, may result in you being limited to visitation rights. The same applies if you have a history of substance abuse issues.
Are you at risk of losing custody of your kids?
A family law judge’s primary goal is to make decisions that they believe are going to be in your kids’ best interests. There are many other factors in addition to the above-referenced ones that a judge will weigh in deciding what’s best for them. These may include age, gender, living arrangements and the number of other kids in the home. You’ll want to familiarize yourself with all of the different factors at play to ensure that you do what’s necessary to maintain continued custody of your kids.