Family court judges generally take the approach that it’s always better to have both parents involved in their children’s lives. Joint physical custody has become the preferred approach when parents split.
There are times, however, when a judge will think twice. Some of the reasons that a judge may decide to take custody away from a parent may surprise you. They include:
- There’s physical abuse involved. If you believe in old-school discipline, you may not consider corporal punishment “abuse,” but that doesn’t mean a judge will agree.
- There’s other kinds of abuse involved. Verbally berating your children, publicly shaming them for their mistakes and similar acts can also be viewed as abusive.
- You abused their other parent. It doesn’t matter how heated an argument gets, domestic violence is a huge red flag when a judge is considering custody issues.
- You ignore provisions in the parenting plan. Maybe you think the conditions outlined in the plan are ridiculously picky — but you still have to follow them. Disregard for a court order never plays out well in court.
- You’ve taken the children without permission. This means that you didn’t ask the other spouse or the court before you took the kids out-of-state or on some other trip. It can also mean not returning the kids at the appropriate time when your visitation is over.
- You falsely accuse the other parent of abuse. “Abuse” is a very loaded charge, and judges do take it seriously. If, however, a judge decides that you threw out the term in an blatant attempt to sway the court, they could hand custody to your ex.
- You aren’t properly caring for the children or providing a safe home. In custody battles, appearances do count. Your home needs to be neat, the kids need to be clean and there needs to be nutritious food on the table.
- You have a substance abuse problem or psychiatric problems. Either of these issues can bring forth questions about your ability to parent effectively.
If you’re engaged in a custody battle, it’s wise to discuss any potential issues with your attorney in advance. That way, you can better prepare your case.
