Reasons parents lose custody In custody disputes are wide ranging. Most involve best interest of the child arguments and seriously impact final decisions. The time that you have with your children is invaluable. If you are like most parents, there is nothing that you would not do to protect your right to see them. Unfortunately, having to share that time with your ex may create problems. When issues arise, you may find yourself in a courtroom asking a judge to make a decision for you. If that happens, there is a significant risk that you could lose some or all of your custody rights. To prepare you for what may lie ahead you have to pay attention to all factors that impact your rights. Its absolutely important that you understand reasons parents lose custody in child custody cases.
1. Not Hiring A Child Custody Lawyer
Going to court over a custody or a divorce dispute is a legal matter. This means that there are laws and procedures that will control this process. Child custody lawyers have spent years receiving training and experience in the legal world. There is no better person to help you through your custody dispute than a trained, professional attorney. In any legal matter, if you do not have a lawyer your chances for success greatly decrease. This is even more the case when the other side has an attorney. Additionally, In family court its not just about knowing the law. The law is important for sure but knowing the Judges and how evidence impacts their decisions is also important.
2. Interfering With Parenting Time
If you already have a custody order, you must abide by its terms and conditions. If your ex has been granted visitation and you do not provide them with access to your child, you may be in violation of the custody order. A violation of a custody order can result in contempt proceedings and cause you to lose your custody rights. Unless you have a legitimate fear of your ex harming your child, it is never a good idea to deny them access. Judges favor those parents that don’t interfere with the visitation of the other parent.
3. Substance Abuse
The court will make all custody decisions based on what is in the best interest of the child. Drug or alcohol abuse by a parent has been known to negatively impact a child’s emotional and physical well-being. If a judge even suspects that there is substance abuse occurring in your home, you can count on your custody rights being terminated or severely limited. In this case rather than joint custody the non-offending parent will probably get sole custody. Its also not unusual for a court to order drug testing in those cases where the issue has been raised its not uncommon for the Judge to send the parents for drug testing. If a parent tests positive for an illegal drug this will definitely be one of the reasons parents lose custody of their child.
4. Physical Abuse
A child must feel safe in their environment in order to thrive. The threat of violence, or actual physical violence inflicted on a child, will not bode well in your quest to gain custody. Similarly, even if there is no physical violence being done to the child, but domestic abuse is occurring in your home, there is a strong chance that your custody rights will be impacted. In cases where there are prior convictions for domestic abuse or other volant acts Oklahoma courts will presume that joint custody may not be in the best interest of the child. Moreover, if one parent stands by while another parent is abusing a child that parent is failing to protect. Both parents in a custody case must be mindful of the physical safety of their children.
5. Failing To Appear
Some people believe that if they simply ignore an issue, it will go away. Nothing could be further from the truth when dealing with a custody dispute. If you have been provided notice for a custody hearing and you fail to show up, you will likely lose your custody case. Attending your custody hearing is mandatory, and unless you have a really good excuse for missing it, your custody rights will likely be impacted.
Tulsa Child Custody Attorney
Several things can place a parent at serious risk of losing custody. If you have questions about your child custody matter in Oklahoma, then it is important that you speak with a skilled child custody attorney. They can guide you through challenging child custody issues, and help you resolve matters on terms that work for you. Consulting with an attorney so that you understand your custody rights is essential to getting a positive result. Talk with one of the skillful family law lawyers at Kania Law Office today by calling (918) 743-2233 or by contacting us online.