When it comes to family law, the most difficult type of case is often when two parents battle for custody of their children. If a judge believes that the best interests of your child would be served by awarding custody to your co-parent, then they may award them custody.
There are several reasons why family law judges might decide to award custody to the other parent rather than to you. Here are some of the most common reasons why family courts might award custody to your co-parent.
Habitual Substance Use
A judge might decide to award custody to the other parent if you have a substance problem. If you can't prove that you have stopped using drugs or alcohol and are no longer a danger to your child, then family law judges may award custody to the other parent.
That's because family law courts prioritize the well-being and safety of the child over any other factor. And if the judge believes that you cannot provide a safe environment for your child, you might lose custody.
If you've struggled with a substance use problem in the past, you need to prove that you have taken steps to address the issue. For instance, you could provide proof that you have completed a rehabilitation program or attended counselling sessions. Also, you could show that you have established a support network to help keep you on the right track.
And if you have been consistently sober for a certain period, your lawyer could present evidence of that to the judge. If you can demonstrate that you are taking responsibility for your behaviour and doing everything you can to stay sober, the judge might be more likely to grant you custody.
Inability to Provide a Stable Home Environment
Another common reason a judge might award custody to the other parent is if you are unable to provide a stable home environment. If the family law court believes your child is likely to experience chaos and instability in your home, the court might decide to award custody to the other parent.
To convince the judge that you can provide a stable home environment, you need to show that you have the financial resources to provide for your family. For instance, you could present evidence of your job, any family members who are willing to help support your family financially or other forms of income.
In addition, you need to demonstrate that you have a safe and secure family home. You could provide documents such as a lease agreement to prove that you have a place to live.
Ultimately, family law courts prioritize the best interests of children. So if you want to retain custody over your child, you need to prove that you can provide a safe and stable home environment. Reach out to a family law lawyer to learn more.