In child custody cases, the judge determines who will get custody of a child based upon what they consider to be best for the child. Generally speaking, parents found guilty of child abuse and neglect are deemed unfit to be given custody rights over their child. If you are recently divorced or separated from your ex-partner and want to fight for custody of your child, being guilty of the following forms of child abuse and neglect can really hurt your case in court.
Neglect
As a parent, it is your duty to love and care for your child. A child that grows up feeling loved and cared for develops a sense of belonging and feels appreciated. Parents that actively take part in the daily lives of their children play a big part in their emotional development. Those that do not create time for their children, on the other hand, miss out on the opportunity to form basic interpersonal relationships with their children. If your former spouse can prove that you belong to the latter group of parents, then your chances of getting a favourable outcome will most likely be reduced.
Aside from your love and care, your child also needs to eat right, dress well, go to school, socialise with others, live in a safe environment, have access to proper health care and so on. Not having a stable source of income so that you can meet these basic needs can act to your disadvantage.
Violent conduct
Every parent has the responsibility to protect their children from any form of violence, be it physical or non-physical. Parents that have a history of subjecting their children to physical violence or making threats of violence cannot be entrusted to take proper care of the children. This is because no child is supposed to be physically harmed or threatened to be harmed by anyone, including their parent. Such conduct is considered to be hostile to the child and detrimental to their general well-being.
It is important that you seek the help of a family lawyer to learn what your chances of winning a custody case are. Family lawyers know the ins and outs of the law relating to child custody and they can therefore provide you with proper advice on your case. A good family lawyer should be able to give you their honest opinion about whether or not you stand a chance at winning the case.
Share17 August 2017
I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).