Divorce can be an agonising procedure, made more difficult when children are involved, as child custody is generally one of the main disputes between divorcing couples. However, the child should reside in accordance their best interests is the internationally understood principle to consider in child custody cases. Ensuring that children can live in a safe environment after divorce is essential, and it is unfortunate that in some cases one of the divorcing partners may not be fit to raise children.
Battling for custody of your child is a tough but important process. If you sincerely believe your child is in danger when in the care of your ex-partner, you must stop at nothing to fight for the safety of your child.
Getting Custody of Your Children after Divorce
A couple persistently insulting one another’s parenting skills in the courtroom is not going to make progress.
Highlighting what makes you a good parent is valued by the judge when in court and will likely lead them to favour you for acting maturely and constructively.
However, if you are absolutely certain that your child is at risk when with their other parent you will have to collect indisputable evidence which proves so.
For example, if the child is of school age you can obtain school reports if their education has been affected, such as punctuality and safeguard concerns. Keep meticulous documentation of all events which legitimise your points, including photographs, written statements, medical records and a copy of all communication between you and your ex. It is the undeniable proof which effectively wins you custody of your child.
What Makes Someone an Unfit Parent?
Judges are often reluctant to prohibit a parent from accessing their child, and in all cases, strong, unbiased evidence must be provided when making any statements.
Things to consider when deeming someone unfit for parenting:
- If they have a history of substance abuse, domestic abuse or mental illness
- Attitude of the child towards the parent
- How well the parent understands the needs of the child
- Has the parent acted reasonably during the divorce and custody process
- Do they exercise the right amount of discipline
- Is their home environment and neighbourhood a suitable place for a child to reside
- Does the parent have a history of imprisonment or any criminal offences
What Impact will a Custody Battle have on my Child?
It is important that you consistently do your best to shield your child from the resentment involved in custody cases, as it can have lasting detrimental effects on them. A child who hears their parents frequently speaking poorly of one another will potentially grow up to have a pessimistic view on relationships or suffer from feelings of guilt due to being at the centre of so much dispute.
Your child does not need to know about all the bitter details involved with divorce and custody cases. In later years they will remember who made an effort not to expose them to the harsh reality of what was happening.
This is not to say you should keep your children completely in the dark, but it is crucial that whatever you tell them is kept simple and they understand that they are loved no matter what.
Carter Law can Help With Child Custody Cases
Most child custody cases result in the parents reaching an amicable conclusion and sharing joint custody of their child, but if you have serious concerns regarding the wellbeing of your child you should never cease to fight for them. Do not hesitate to contact one of our family law solicitors if you have any queries relating to divorce or parental responsibility. We offer professional and confidential guidance to help you through what we understand is an extremely testing time.