Reasons You May Have Been Denied Child Custody

One of the contentious issues in a divorce is child custody. Usually, the courts favor the mother when awarding custody to a child. However, many factors could swing the court's decision in favor of either parent. Here are some reasons you may have been denied child custody.

Neglecting Your Children

A divorce can leave a parent distressed and impact the care they provide to their children properly. Child neglect is a form of child abuse. If a parent doesn't feed and groom their children properly, they may be charged with abuse. This also includes failing to take your child to the clinic for regular checkups. Additionally, if your home isn't safe and habitable for your children, this is considered neglect. If the court finds you guilty of neglect, you could lose your child custody case.

Spousal Abuse

If the parent with custody of the children is found guilty of abuse against the non-custodial parent, the court may alter a custodial arrangement. Spousal abuse can be physical, sexual, emotional, and financial. 

While physical abuse is unlikely after a divorce, both financial and emotional abuse can still occur. This abusive conduct can prompt the court to change custody if the abuse occurs in the child's presence.

False Allegations of Child Abuse

Accusing a parent falsely of physical or sexual abuse can cause you to lose custody of a child. This depends on the severity of the claim. It also depends on whether the other parent can prove that they have been wrongly accused. For example, a false allegation of sexual abuse can lead to the loss of child custody.

Violating a Custody Order

Even when one parent is given custody while the other is allowed visitation rights, the custodial parent should follow the terms of the custody order to the letter. A custodial parent can lose residential custody by violating the parenting time order.

For example, if the custodial parent denies the non-custodial parent their parenting time rights, the court may choose to change custody. In some cases, the custodial parent may even go to great lengths to make commitments when the other parent is scheduled to visit with the child. This form of malicious acts can cause the court to change the custodial agreement.

In Closing

Even after the courts grant you full custody of your child, they may reverse their ruling based on your conduct. Consult your child custody attorney to help you understand the terms of the custody arrangement. Any violation of the terms in the agreement will make the court grant the other parent custody of the child.