3 Common Reasons People Lose Child Custody Cases According To A Child Custody Lawyer

If you are looking for a child custody lawyer in San Jose California then you are probably facing the reality that there is the possibility, however slight, that you may no longer be able to see your kids as much as you deserve. 

A child custody case is one of the most stressful situations that a parent can experience, and many people are often unsure of where to turn. If you want custodial or visitation rights, then it is imperative that you act quickly and purposefully to ensure that you put forward a strong case for your children.

Our team of child custody lawyers in San Jose, California compiled a list of the top three reasons why people lose child custody cases so that you can be better prepared to give your children their best future.

1. Going to Trial Without Proper Preparation

Often parties seem confused by the amount of documentation and testimony that we compile for a strong custodial case. Mothers in particular wonder, “How can a mother lose custody of her child?”

Unfortunately, parents can become overconfident and believe that a judge will hand over custody without the need to prepare a strong case. It is common for the parent who is an underdog to invest in a top-quality child custody lawyer and walk away with custody and a large sum of child support payments.

In order to avoid this possibility, it is advised to hire a reputable child custody lawyer that is well known in your county and experienced with going to trial. This ensures that the judge will have a comprehensive understanding of why you are better suited for being the primary custodian of your children.

2. Not Being Active in Children’s Lives

Judges understand that being the primary custodian involves more than providing shelter and food — it is helping with homework, taking children to extracurricular activities, knowing their medication schedule, and having a strong relationship with them to name a few.

If you were not actively involved in your children’s lives prior to the separation, then it will be significantly more difficult to be granted full custody or become the primary custodian.

However, judges do understand that work obligations are sometimes unavoidable if one parent provides the only source of income. If a parent was unable to be heavily involved in their children’s lives but provides a strong case for their intentions of becoming more involved, then a judge may take the bigger picture into consideration.

3. Having a History of Abuse or Addiction

Judges analyze every detail of a parent’s past behavior and they take certain actions that they deem as potential hazards for children very seriously. 

If a parent has a history of being an aggressor in a domestic violence or sexual abuse case, a history of child abuse or neglect, or a history of substance abuse, then they are going to have to put together a strong case to win custody or even be granted visitation rights.

Additionally, if the parent has a criminal background, such as a DUI conviction, then they will have a much harder time proving that they are fit for custodial rights.

If you are a parent who has turned your life around and wish to have a second chance with your children, it is all the more important to hire a child custody lawyer to fight for your parental rights.Set up a free consultation with our experienced child custody lawyers at Lonich Patton Ehrlich Policastri, located in San Jose.