Navigating custody and visitation (parenting time) matters in California can be one of the most challenging experiences for parents. The stakes are high, as the court’s primary focus is on the best interests of the child. Understanding what factors can be used against you is crucial for preparing your case and safeguarding your parental rights.
At Modesto Family Law, our team serves families across Stanislaus and San Joaquin counties. Our California family law attorneys can help you explore the unique details of your case and any custody dispute you face.
1. Illegal Substance Use and Alcohol Abuse
Evidence of illegal substance use and/or alcohol abuse are significant factors that can work against you in custody and visitation (parenting time) issues. Courts prioritize the health and safety of children, and any history of illegal drug use and/or alcohol abuse raises concerns about your ability to provide a stable environment.
If illegal substance use and/or alcohol abuse has been an issue, take proactive steps to demonstrate recovery. Enroll in rehabilitation programs, attend counseling sessions and join support groups. Providing documentation of your efforts and showing a commitment to maintaining sobriety can positively influence the court’s perception. Don’t assume that illegal substance use and/or alcohol abuse will not be discovered and used against you; they likely will.
2. Negative Behavior Toward the Other Parent
Exhibiting negative behavior toward the other parent can harm your case. This includes actions such as speaking poorly about the other parent in front of the child, attempting to alienate the child, or engaging in continuous conflict. Courts view such behavior as detrimental to the child’s emotional well-being.
Maintain a respectful and cooperative approach toward the other parent. Focus on effective communication and avoid involving the child in adult conflicts.
3. Criminal Record
A criminal record can significantly impact custody outcomes. Crimes involving violence, theft, sexual offenses, or drug-related offenses are particularly scrutinized, as they suggest risks to the child’s welfare. Domestic violence convictions, in particular, have significant impact on custody determinations because of Family Code Section 3044 if the violence occurred in the last five years.
Be transparent about your criminal history and provide evidence of rehabilitation efforts, such as completion of anger management or substance abuse programs. Demonstrating positive changes and a stable lifestyle can help mitigate concerns.
4. Evidence of Domestic Abuse
Domestic abuse, whether physical, emotional, psychological, or financial, is a critical factor in custody decisions. Courts prioritize child safety, and any indication of abuse raises serious concerns. Evidence may include police reports, medical records, photographs or witness testimony. Other evidence can include any current or prior Domestic Violence Restraining Orders that have been issued that may lead ot a finding of domestic violence.
If allegations of abuse are made against you, work closely with legal counsel to address them. Providing evidence that refutes false claims or demonstrating efforts to change harmful behavior can be essential.
5. Lack of Involvement in the Child’s Life
A lack of involvement in your child’s daily life can negatively impact your case. Courts assess each parent’s role in the child’s upbringing, including participation in education, extracurricular activities, medical care and daily routines.
Demonstrate your active involvement in your child’s life. Keep detailed records of your participation in school events, medical appointments and extracurricular activities. Show your engagement by attending parent-teacher conferences and supporting your child’s hobbies and interests.
6. Neglect
Neglect, whether physical, emotional, educational, or medical, is a serious concern in custody cases. Failing to meet your child’s basic needs can severely impact your chances of obtaining custody.
Ensure you are meeting all of your child’s needs and document your efforts. If neglect has been alleged, work with professionals to address any shortcomings and demonstrate your commitment to your child’s welfare.
We Can Help You in California Custody Disputes
By addressing potential pitfalls and demonstrating your commitment to your child’s best interests, you can strengthen your position in court. Consulting with an experienced family law attorney can provide valuable guidance and support throughout the process.
At Modesto Family Law, our California divorce lawyers can fight for your rights during your dissolution of marriage. Contact us today for a consultation of your case.
