Is it possible to lose custody during a divorce?

| May 24, 2021 | Divorce |

Every parent’s situation is different when it comes to divorce. Some parents will be willing to work together and negotiate. Others will be involved in seemingly endless arguments with the other parent.

The overarching question that these people have is what the likelihood is that they’ll lose their children if the other parent tries to get full custody. The realistic answer depends on your situation, but overall, most judges want to see parents share custody of their children barring any abuse or history of violence.

Keeping custody isn’t guaranteed, but losing it completely is unlikely. Even in situations that were volatile in the past, judges may choose to order supervised visitation for one parent. It is rarely the case that custody is completely taken away or a parents rights are surrendered.

What can you do to help keep as much custody as possible?

To keep custody of your children, you’ll want to present yourself to the court in a positive way. If you know that your spouse is going to try to show that you’re a bad or dangerous parent, you need to be prepared to counter those statements.

For example, if the other parent tries to say that you never help with child care, it’s beneficial to have witness statements and even photographs or videos of you helping out at home. If the other parent claims you don’t know about your child’s medical needs, show that you went to several appointments or were the person paying for medications or medical devices.

It’s also important to show that you are invested in your children. If you haven’t done so before, start taking an active role in their lives by going to teacher conferences, school events and other activities. Be prepared to talk to the judge about your children and to answer the questions that you’re asked.

Finally, present yourself as a respectable parent. Come to court on time, wear a suit or business attire to the court, and make sure you only speak when you’re spoken to. Being respectful in this setting can help you significantly.

Doing these things can help you be better prepared for court and to fight for custody. Though it’s unlikely you’ll lose custody, being proactive may help you get the exact arrangements that you’re looking for.

Archives