A Few Child Custody Lessons

There are a number of things not to do in a child custody battle. Here are some broad things to understand of what one should and should not do if you are concerned with how a court will look upon your parental fitness.

One of the primary things to understand is that in many states courts focus on what is in the best interests of the child in making a child custody determination. This means that you should not cause the court to believe that you are an unfit parent for any reason. While some states have attempted to better define what this is, courts in many states are free to find whatever facts them deem relevant in making a child custody determination. Additionally, some states give enormous amount of weight to trial court’s finding of facts in child custody cases. This all means essentially that it is crucial not to do anything that would not be in the best interests of your children if you expect a court to award you as being your kid’s primary caregiver.

In applying these standards to your case, try to think of how a judge would think of your conduct in determining your behavior’s potential impact on your child. Using this standard should help you significantly in deciding what behavior to do and not to do. In other words, because the best interest standard is often whatever a court finds its definition to be, using common sense is a good way to knowing how a court will rule.

Remember, that all is not lost, however, simply because you may have some characteristics that a court may view negatively. An example of this would be if you have a drug dependency or even perhaps if you have begun actively dating again. Typically, as long as your children are not exposed to such behavior, it is hard for a court to find that such deficiencies will drastically hurt your children. Now, it may be difficult to convince a judge to maintain a liberal visitation award, if it can be shown that that parent’s behavior suggests that the children would be better off without being exposed to such unhealthy conduct.

Also, many areas allow what is sometimes called consent judgments. This means that you and the other party were able to come to an agreement to set child custody, and the court did not have to go through a weighing and balancing of parental fitness. In this instance, you will need to consult with your local jurisdiction to understand what type of behavior will undo such an agreement. It may be that such consent agreements take much less to undo than if the court had considered all of the evidence before making a ruling, and that certain actions could be enough to cause you to lose time with your kids.

The above material is intended for information purposes only. It is not intended as professional legal advice and should not be construed as such. Attorney William H. Beaumont practices in New Orleans, La.