4 Things That Can Cause You To Lose Your Child Custody Case

18 April 2023
 Categories: , Blog


After a divorce involving children, you and your ex must come to an agreement regarding child custody. If you can't come to an agreement independently or through the help of a mediator, a judge will declare custody for you. If you are in the middle of a particularly contentious divorce, your spouse may fight for primary custody or sole custody, forcing you to fight for your parental rights. This article will explore what factors can negatively impact your custody case. 

1. Aggressiveness

Remain calm and respectful in and outside of court, despite the heavy emotions that come with the situation. You should never speak negatively about your ex or fight with your ex in front of your children. You need to restrain your reactions when speaking to them or about them to mutual friends or online.

All of your texts, phone calls, social media rants, and in-person interactions can come back to bite you if you use aggressive language toward your ex or the court. When you have a disagreement with your ex, abide by the current custody order (even if you disagree with it) and formally initiate change to the agreement through the courts. 

2. Wreckless Behavior

You may feel the need to let off some steam during this contentious time in your life. Avoid resorting to destructive coping mechanisms, such as substance abuse and fighting. Your ex can find proof of your habits and use them against you in court. If you allow reckless behavior to reach the point where you get arrested or lose your job, it will definitely impact the final decision.

3. Financial Instability 

In order to prove that you can cover the expenses associated with raising a child, you need to have a stable source of income. You don't necessarily need to make a lot of money. However, you need to be able to maintain a stable household. If you don't have a home due to the divorce, your family and friends can help while you get a steady job and earn enough to establish your own home.

4. Inconsistent and Neglectful Parenting 

The court looks unfavorably at parents who fail to do their part. If you fail to pay child support, skip visitation, or miss important events, the court will assume that you don't want to be an active parent and award custody accordingly. Continue to be a parent to your child, even if your ex makes it difficult for you.

For more information, contact a child custody attorney near you.