Why You Unexpectedly Lost Custody Of Your Child

Posted on: 23 March 2021

After you have gone through a divorce, you might assume that you're the one who will receive custody of your child. However, when the courts decide to instead award custody to your ex, you will want to speak with a child custody lawyer about why that is and what step you should take next.

Child Custody is Complicated

The parent who receives custody of their child is partially up to the discretion of the courts. Therefore, it's always important to involve a child custody lawyer in your case so you can be informed about why you may have been rejected.

The courts take into consideration the environment that you'll provide for your child. For example, if you do not have a stable roof over your head, this will be taken into consideration when deciding custody matters. 

The role that you play in caring for your child will affect whether you receive custody. For example, if you were busy working to support your family and often weren't at home during the marriage, this may lead to you not receiving custody. 

Your Child's Wishes

The child's wishes are taken into consideration, and this is more of a factor the older the child is. However, you will need to take into consideration that your child might be manipulated by the other parent and will need to bring this up with your child custody lawyer.

How to Address the Issue

You will first need to determine exactly why you were denied custody of your child. For example, if you previously had an issue with substance abuse, you may need to go into rehab to prove that this is no longer an issue. Your lawyer will go over the options you have when overcoming a past case of substance abuse.

How to Prove That You Have Changed

Make sure to talk to friends, family members, and neighbors who can testify to how you have changed your behavior. The courts will not assume that your behavior has changed unless you can provide evidence of that.

Speak with Your Lawyer About Requesting an Evaluation

Your lawyer can assist you in the process of having your child support case evaluated by the courts. You might need to make changes to your approach. For example, you might have more luck when trying to obtain joint custody rather than full custody. If you can show that you can have a productive relationship with your ex, you may be able to achieve this goal.