ANTHONY J. CERVI,
Attorney at Law

CALL TODAY

Anthony J. Cervi, Attorney at Law

CALL TODAY

When is a change to sole custody best for your children?

| Jan 28, 2021 | divorce |

Courts and child psychologists typically agree that children’s best interests are the most significant factor in divorce. Although disputes about property division and spousal support may continue between you and your soon-to-be ex, your kids need stability and affirmations that they’re loved – regardless of the changes at hand.

As such, child custody arrangements can allow children to maintain positive relationships with each parent. Over time, however, your ex’s choices might lead to decisions that put your kids at risk. So, how could you convince a judge to reverse your custody order?

Parent, and parenting style, evaluation

Sometimes it’s difficult to define specifics of what’s best for a family. However, consideration is given to a variety of factors such as each parent’s:

  • Finances
  • Reported domestic violence
  • Mental health and emotional stability
  • Unhealthy or dangerous living arrangements
  • Substance abuse issues

While there’s a general understanding that kids should spend time with each of their parents, some circumstances might indicate otherwise.

Situations that may convince a court to reverse a custody decision

It probably goes without saying that arguments about household chores or curfews would not give reason to deem your ex an unfit parent. More serious situations, though, could factor into a custody reversal.

For example, disagreeable choices leading to the termination of your ex’s parental rights might include:

  • Abandonment
  • Child neglect or abuse
  • Criminal charges requiring incarceration
  • Continual dismissal of the current parenting time schedule
  • Moving too far away to provide consistency with pre-existing orders, education and transfers between homes

Arrest or court records can support your concerns. It’s also important to note that if your ex passes away, you need to complete the legal process of assuming full custody of your kids.

Protect your children’s rights

As difficult as it can be to make choices that will inevitably affect your kids, you must do everything within your power to do what’s best for them.

Young children might not know how to express their anxiety or fear about going to their other parent’s home. While older kids might discuss their thoughts and feelings with you, behavioral changes could indicate a problem worth exploring.

Hopefully, things won’t escalate to the point where you must petition to have your ex removed from your children’s lives. Meanwhile, remain open to the possibility that a change could become necessary, and be ready to take action.