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Top reasons why child custody is modified

On Behalf of | Apr 14, 2022 | Child Custody and Visitation

Your children mean the world to you. And as such, you’ll fight tooth and nail to get as much time with them as possible. But if your relationship with your child’s other parent is sour, then you might be facing constant battles to secure or retain time with your kids.

This can be enormously stressful. After all, you might not even have a sense of what issues warrant a modification of child custody. That’s why in today’s post were going to look at some of the most common reasons why parents lose custody of their children or see their visitation with their kids drastically reduced.

  • Allegations of child abuse or neglect: One of the easiest decisions that a court can make is to cutoff an abusive parent’s access to his or her child. But before a court will be willing to do so, it’s going to need evidence that abuse or neglect has actually occurred. While this may include records from Child Protective Services, that evidence may also come from witness testimony. Be prepared to address false allegations here.
  • Spousal abuse: A court is going to do its best to ensure that our children have a safe and supportive home environment. It’s going to be difficult to justify placing your children in a home when there’s been spousal abuse. This abuse can involve physical violence, of course, but it can also take many other forms. Emotional and psychological abuse, as well as financial manipulation and verbal attacks may all cause a court to believe that placement with you isn’t in your children’s best interests.
  • Drug or alcohol abuse: Substance abuse is a common issue in custody disputes. It’s an easy allegation to make, and it’s simple for a judge to make a connection between the substance abuse and a risk to the children’s safety and wellbeing. Proving a substance abuse problem can be difficult, though, as it shouldn’t be based on speculation. Also, you shouldn’t be punished if you have an addiction that you currently have under control.
  • Failure to abide by existing court orders: A court issues its orders with purpose, and it expects those orders to be followed. The court has very little tolerance for those who fail to abide by court orders. Therefore, if you violate an existing court order, then your child’s other parent may be able to successfully use that fact to justify an argument for a custody or visitation modification. If you disagree with a court’s order, then you need to seek modification of your own.
  • Inability to care for your children: Not all modifications are based on wrongdoing. If you’ve suffered a serious injury or illness and can’t adequately care for your children, then you may be at risk of losing custody or time with your kids. In these instances, you’ll need to do your best to demonstrate your full capabilities and how they meet your children’s needs.

Protect your relationship with your children

Child custody matters are all about protecting children’s best interests. But it’s also about preserving your bond and your relationship with your children as much as possible. But the burden is going to be on you to get the outcome that you think is best for your children and your relationship with them. That’s why you need to be prepared to aggressively address the issues mentioned above should they arise.

We know that facing allegations pertaining to any of the issues mentioned above can be stressful. But you can craft compelling legal arguments to try to address them and to protect the precious time that you have with your kids. If you want to learn more about how to do that, then please consider discussing your circumstances with an attorney who will aggressively advocate on your behalf.