Factors of Custody Law That Could Make or Break Your Case

Are you in the middle of a battle with your ex? Do you feel completely confused about custody law and don’t quite understand what is going on? If this sounds like you or someone you know, just know that you are not alone.

Merely wanting to obtain full guardianship of a child is only one determining factor of obtaining full guardianship. As it turns out, there are multiple deciding factors that can and will dictate whether or not you are victorious in obtaining guardianship. This is particularly relevant in situations in which both parents are vying for sole guardianship.

The first and perhaps most obvious determining factor of custody law that could make or break your case is an allegation of an extramarital affair. While the happiness of a parent is important in child rearing, it should not be at the expense of a child’s well-being. If your child is indeed your priority and you want a fighting chance to obtain full guardianship, then you should and must abstain from engaging in an affair prior to the dissolution of your marriage. Cheating can and will have dire consequences on the well-being of your child as well as your chances of gaining guardianship.

Another determining factor of custody law that could make or break your case is allegations of domestic violence. In fact, in many states, even the presumption of domestic violence is enough to prohibit the alleged from obtaining guardianship. The logic is such that if one parent has anger management problems, he/she then poses a threat to the safety of their child until proven otherwise by a professional.

The third determining factor of custody law that could make or break your case is proof of a lack of ability to properly care for the child due to mental illness or addiction. Although it should go without saying, possessing a mental illness or addiction can have a detrimental impact on your case as doing so would prohibit a parent from properly caring for the needs of a child. However, if the mental illness or addiction is not yet established, it then becomes the burden of the other parent’s legal counsel to prove the existence of mental illness or addiction.

Regardless of whether or not you love and want to obtain full guardianship of your child or children, there are a host of other factors of custody law that can and will determine your ability to be victorious. Of the many determining factors that could make or break your case, allegations of an extramarital affair, allegations of domestic violence and proof of a lack of ability to properly care for the child due to mental illness or addiction are three worthy of mentioning. It would behoove any responsible parent to avert any of the aforementioned situations in an effort to achieve sole guardianship of their child or children.