A custody battle arises when two spouses or partners are unable to agree on a mutual point. These issues come with separation and can be a long process sometimes. The overall scenario is often hard to handle and these battles come emotionally challenging as well.
The main objective of a custody battle is to decide who will have the legal custody of a child. Without proper knowledge and preparation, you will lose custody of your child easily. So, whether you are married or not, you must know what can be used against you in a custody battle.
Here, we will have a closer look at the mechanism of a custody battle. You can identify what can go against you in such a scenario and be prepared beforehand. Let’s start from the basics and explore deeper gradually.
What is a Custodial Parent?
A custodial parent is the party that has the physical custody of a child or children most of the time. The custodial parent will be responsible for looking after the child’s upbringing. This responsibility includes providing for and protecting the child.
The custodial parent will take care of food, shelter, and emotional support of the child. They will also make decisions about the child’s health care, education, and overall welfare.
What is Custodial Custody?
Custodial custody is a court order that gives you access to your child’s full rights and responsibilities as a parent. It is a fancy law term that refers to the legal authority of a parent to make decisions about upbringing and welfare.
Custodial custody will allow you to make decisions that directly impact the child’s future. Normally, it is up to both parents to make these decisions. But after separation, these rights are exclusively given to one parent.
The legal order regarding which parent gets these rights of the child is called custodial custody.
What Can Be Used Against You in a Battle of Custody?
There are some specific behaviors and incidents that can be used against you in a battle of custody. Here are some of the most common factors that can be used against you and make you lose your access to your child’s future.
1. Domestic Violence
Domestic violence is a really serious issue, and it can be used against you in a custody battle. It is a highly impacting issue and can even be a deciding factor. The court always prefers a safe environment for the child to grow up. So, domestic violence is considered a very serious variable that can be used against you in such situations.
2. Neglect or Abuse
An allegation of abuse or neglect can heavily impact the results of a custody battle. A mistreatment needs to be proved by one or multiple proves. It includes medical records, child protective service reports, and testimony of eyewitnesses.
3. Failure to Co-Parent
The court expects the parents to collaborate for the well-being of the child. Any demonstration of unwillingness or refusal to do that can be used against you in the process. The court will likely hand over the custody to the other parent for this if such an allegation is proved.
4. Criminal History
A parent’s criminal history with any convictions for offenses, including violence, can be a game changer in a custody battle. It raises questions about the parent’s ability to care for a child. It can be used against a parent, highly impacting the custody order.
When a Judge Will Change Custody?
Once a custody order is made, it will not change until something significant happens. Some of the major reasons that can trigger a change in the custody order are given below:
- Relocation: The custody order may change if the parent plans to relocate to a significantly distant area.
- Child’s Preference: The court also considers the wishes of the children as they mature. So, changing their preference may bring changes to the custody order.
- Parental Misconduct: If the parent engages in activities that can harm the child, the court will handle the matter strictly. It can also lead to a custody change to save the child from any potential harm.
- Violation of Court Orders: A custody modification may come if the parent fails to comply with the terms and conditions of the current court orders.
How to File for an Emergency Custody Order?
You may face scenarios when you need to file an emergency custody order for the safety of the child. So, you better know how to file for an emergency custody order, right?
First of all, you need to consult an experienced lawyer before starting the process. They will give you a list of documents you must gather to file the order. After the court issues the order, follow the court’s orders and cooperate with the legal process.
Can a Final Custody Order be Changed?
Yes, it is possible to change a final custody order. The custody orders are issued with the intention of providing stability for the child. But if the situation changes, a change may be made.
You must demonstrate a significant change in the situation to request a modification. It has to justify revisiting the custody orders. The court will mainly consider the best interest of the child for any modification. The court will surely consider it if the change can bring safety, well-being, and welfare to the child.
Final Words
A battle of custody is a common scene between couples after separation. You don’t want to let go of your child, right? Therefore, knowing what can be used against you in a custody battle is essential. You can be careful of these factors and ensure you get what you deserve.
It can be really hard to handle a challenge like this right after separation. No matter what you expect out of it, make sure to consult an experienced lawyer. An expert lawyer can reduce the complexity of such processes and can get you what you deserve.
FAQs
Can a biological father regain custody?
Yes, a biological father can regain custody of the child. But, he must prove that it is in the best interest of the child. He must also show that he can provide a stable environment for the child’s upbringing. If the child’s well-being is ensured, the court may consider the request.
Can a father lose custody for domestic violence?
Yes, a father can lose custody of his child for domestic violence. The court will always prioritize the safety and well-being of the child while deciding about the custody. Proven domestic violence can result in supervised visitation, restricted custody, and even loss of parental rights.
How to separate from your spouse while living together?
You need to set clear boundaries by dividing finances, responsibilities, and living spaces to separate from a spouse. Open communication about the arrangement is always the best way to avoid conflicts. Overall, prioritize the well-being of the children at this time and maintain mutual respect.
