During a divorce, spouses can fight over who gets the house, cars, and money. Parents can also argue about the custody of their children; this is where the child custody assessment comes in. The court sets up an assessment to determine which parents should have custody, how much time for each parent, and how the child is doing in the midst of the divorce itself. This assessment is not always required, as the parents have already entered into a custody plan prior to the process.
However, if the divorced parents do not reach a satisfactory conclusion, the court must assume this responsibility, which is why the custody assessment was created. If during the divorce proceedings one or both parents make allegations of bad custody evaluation of any kind or neglect, the court may conduct an even more thorough investigation to make sure the child is safe.
Things which consider as a bad custody evaluation.
The most normal thing in a divorce is that the custody of the children that the couple has falls on one of the parents, while the other enjoys a visitation regime and is responsible for paying alimony as dictated the Law. However, sometimes one of the parents loses custody.
In essence, all those behaviors that put at risk or may alter or disturb the physical and/or emotional stability of minors. As always, we emphasize that in family law the most important value is the interest of minors. Everything must be focused on guaranteeing its security and stability. But the truth is that the complexity of the subject goes much further.
The main reasons why as a parent they can take away the custody of your children
Below we are going to list and explain the seven causes that we consider to be the main reasons why, if they occur in your situation, they can cause you to lose custody of your children if you are a father or a mother.
Maintain a disorganized behavior and lifestyle for the smooth running of minors
As the main priority will always be the welfare of the minors, any improper behavior in the daily routine of the parents, or leading a disorganized lifestyle can lead to the loss of custody of your children.
Neglecting the care of minors
In the same way, if the care of the minors is not attended to in the sense of hygiene, food or their own medical needs, it will be a more than justified reason. This section includes the obligation to keep minors in school
Commit crimes
Of course, when a parent has to go to prison, the custody will immediately go to the other parent, if there is one, and if they meet the necessary conditions. Otherwise, the social services would be in charge of taking care of the minor.
Having been convicted of violent acts or child abuse
A very common reason for losing custody of a child is child abuse. Physical abuse of children often results in cuts, scars, bruises, and burns.
Physical abuse of children can be disguised as corporal punishment.
There is a line between proper discipline and abuse. Some parents choose to cross that line. Physical abuse sometimes results from the parent’s own mental or psychological disorder.
It is common for a parent who now physically abuses their child to have been physically abused as a child. This is called a cycle of abuse. Other parents suffer from a lack of anger management skills that manifests in abuse. There are a variety of reasons why parents abuse their children. All of them lead them to not enjoy custody of their children.
Have some kind of addiction to illegal substances that affect behavior
Obviously, parents who abuse alcohol and drugs are not considered fit by the court to have custody, as long as said addiction affects the care and attention of minors.
There are many parents who, without reaching a recognized addiction, consume drugs or alcohol, but if it does not affect or harm the care and attention of the minor, it cannot be used as a cause to remove custody.
