A divorce can have a powerful emotional effect for both parties involved. The pressures of seeking new housing, reevaluating finances and other factors changed by a marriage termination can cause one to react irrationally. Although not always the case, the court can evaluate the behavior of the two divorcing parties to determine custody during the proceeding and these evaluations can greatly influence an outcome.
Your Past May Determine Child Placement
If children are involved in a divorce, the court will undoubtedly place them in the care of the parent it deems to be most qualified. If the father is seeking sole or shared custody, the court may make a more detailed evaluation. The reason for this is that traditionally, the mother is regarded as the caretaker. Nonetheless, a father may be denied custody if the following can be determined:
- Allegations or evidence of abuse (physical, mental, sexual, etc.)
- Having registered as a sex offender
- Residing with someone who is registered as a sex offender
- Prior convictions of abuse
- Residing with someone with a prior conviction of abuse
Watch Your Behavior
As stated before, a court’s evaluation of whether or not you are fit to care for your children, whether for sole or shared custody, can weigh heavily on your behavior as well. It’s highly probable that the mother of your children will attempt her best to derail your chances of having sole custody if the divorce is bitter. It’s also important to note that your children may also work against you, albeit unintentionally. For example, when speaking to them during your times together, expect them to relay any conversations you’ve had with them to their mother. Any negative comments about her on your part can be used against you. Although these are only two reasons, they are the most common that can dissuade a court from granting you custody.
We understand that child custody is a sensitive issue when it comes to divorcing spouses. As such, know that highly-professional legal representation is available for you. Contact McAllen’s Barrera, Sanchez & Associates at 956.287.7555.