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Issues Which Could Influence Child Custody

On Behalf of | Jun 9, 2020 | Child Custody and Visitation

What are some of the issues which could influence child custody in a Carlsbad or North County divorce case?  If both parents are deemed to be fit, joint legal custody would typically be ordered for the oversight of educational, medical and other factors.  A shared parenting time schedule is generally preferred as many studies have shown it is best for children to spend equal amounts of quality time with each parent.

The focus of the court system is typically the best interest of the child, and the involvement of both parents in the lives of their children is often viewed as ideal for the emotional interests of the children. However, a parent who struggles with drug or alcohol abuse or domestic violence might be subject to supervision while spending time with their children. Additionally, there could be restrictions which prevent a given parent from driving their children.

Drug use may not prevent a parent from having contact with their children after a divorce, but it could affect the conditions under which parenting time occurs.

A parent who is concerned about an ex-spouse’s use of illegal drugs might request drug testing during a child custody dispute. If drug use can be proven to be a danger to the children, a judge might restrict the other parent’s access accordingly.

Similarly, abusive behavior toward a spouse does not necessarily mean that children will be endangered in the care of a parent. A comprehensive view of relationships and needs may be necessary to determine how children will be affected during their time with such a parent.

A parent could be deemed to be unfit because of issues such as domestic violence, serious drug use or incarceration, which could lead to limited or no custody.  However, courts may still establish a monitored or supervised visitation schedule to encourage a relationship between children and the unfit parent.

Parental alienation (attempting to turn the children against a former spouse and associated behaviors) is another of the many issues which could influence child custody outcomes.

There are many issues which could influence child custody and parenting time orders in Carlsbad or North County.  This is why it is important to work with the experienced Certified Family Law Specialists at Burke & Domercq if you are concerned about issues with a former spouse which could affect custody and parenting time.  We invite you to contact us or call 760-389-3927 to learn more or schedule an appointment.