3 Major Challenges of Custody Battles

Getting divorced can be one of the hardest things you may ever go through in life, but a divorce is even tougher when it comes down to a custody battle. If you and your spouse are having problems agreeing on how to handle the custody issues of your children, the court will decide for you. If you feel that the court's decision to give your spouse the children is not right, you will need to fight to get the kids back. As you do this, you are likely to face some challenges, and here are some of the top ones.

It Can Be Costly

According to Legal Match, it can cost as little as $3,000 for a custody battle or as much as $40,000. If you do not have a lot of money, you may have a problem retaining a child custody lawyer. Child custody cases are tough and can take a long time, and these cases can result in a lot of hard work by the attorneys handling them.

If you have only a certain budget to work with, you might want to hire an attorney that charges a flat fee for these types of cases. By doing this, you can be certain you will have enough money to pay your attorney for the work.

You Must Have a Good Reason

The second big challenge you may encounter is proving the other parent is unfit for the job. Most courts will not simply change custody rights because a parent asks them to. In fact, if the custodial parent does not want to give up rights to the kids, it will take the other parent proving that the custodial parent is unfit for the kids. Courts typically determine custody rights by analyzing what the child's best interests will be. If they believe the child will be better off with the dad, they will award custody to the dad. If they believe the kids will be better with the mom, the mom will receive custody rights.

To change the decision of the court, you will need to have a lot of evidence that proves that your spouse, or ex-spouse, is not a fit parent. Proving that the children are in a harmful or hazardous situation is also typically necessary. Here are just a few common reasons that will cause a judge to consider switching custody rights from one parent to another:

  • Addictions—If the custodial parent has a drug or alcohol addiction, the children are probably not safe being with this parent all the time.
  • Mental health—The courts will also consider switching custody if the custodial parent has a mental health problem that may put the children in danger, or that may cause the parent to neglect the kids.
  • Unsafe home—If the home the kids are living in is filthy, deplorable, or unsafe in any way, this too can be a good reason to switch custody rights.

You May Need Expert Proof

One of the best ways to gain proof of your accusation is through the help of experts and professionals. If you feel your spouse has a mental health condition, ask the court to require him or her to undergo a complete mental health examination. If the problem is a drug addiction, require regular drug tests or counseling. By utilizing professionals, you might have an easier time proving your case, and this could help you gain custody of your children.

If you are not sure if you could win, talk to a lawyer. Custody lawyers are highly experienced with these types of cases and situations, and talking to a lawyer is the best way to find out more information.