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Whelan Law Office
  • Home
  • About
    • Whelan, Lawrence G.
  • Practice Areas
    • Criminal Defense
      • Theft Crimes
      • Sex Crimes
      • Domestic Violence
      • Drug Crimes
      • Drunk Driving
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      • Complex Property Division
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      • Spousal Support
      • Modifications
      • Relocations
      • Paternity
      • FAQ About Divorce
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  5. When should you dig your heels in over custody arrangements?

When should you dig your heels in over custody arrangements?

On Behalf of Whelan Law Office | Aug 14, 2024 | Child Custody |

It is widely accepted that children generally do better after a divorce when both their parents continue participating in their lives. That is why most courts will look to achieve this when ruling on child custody matters. 

There are exceptions, however. Sometimes maintaining regular contact with a particular parent can be detrimental to the child’s best interests. Here are some of the times when this might be true:

If the parent is abusive or violent 

Your child should not have to put up with abuse or violence. Even violence or abuse directed at you, rather than your child, could adversely affect them.

If the parent has a serious drug or alcohol problem

Not all addicts are a danger to their kids. Some addicts manage to hold down a relatively normal life and provide a lot of love and support to their children. Yet, sometimes the substances can cause people to become a problem to their own flesh and blood.

If the parent keeps bad company

Maybe it is not the parent themself who is the threat, but the people they spend time around. If you suspect their new flame could prey on your young daughter, or their friends could draw your teenage son into a gang then you would be right to raise your concerns.

You probably have a far better idea of your co-parent’s issues than the court. If you fear keeping them involved in your child’s life will be detrimental to the physical or psychological safety of your child, then you may need to dig in your heels. Learning how to compile evidence and construct an argument that could persuade a court to deviate from its belief that interaction with both parents is best could be crucial.

 

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