blog home Child Custody How a History of Unstable Behavior May Affect One’s San Diego Child Custody Case

How a History of Unstable Behavior May Affect One’s San Diego Child Custody Case

Posted by Thomas Huguenor on April 16, 2015 in Child Custody

This is the first post in a series meant to address how a person’s history of questionable judgment can affect their child custody case. I will also discuss how one can deal with the impact of such behavior. I am writing this series because it is not unusual for a person with sore subjects in their background to feel embarrassed and frustrated, during a child custody trial, when the other parent attempts to paint the person in a bad light. I have seen such situations time and time again during the cases I have handled in the San Diego area.

Child custody cases are often decided based on each situation’s unique sets of facts. A Family Court Judge will consider a situation and all of its surrounding circumstances before before deciding if a parent should be allowed to share custody of a minor. Over my next several articles I will look at a number of circumstances that can negatively affect a parent’s child custody case. I will also explain how to minimize the concern in each of these scenarios. Topics I will discuss include:

  • How a history of alcoholism can negatively impact a child custody case
  • How possessing a medical marijuana card can affect child custody
  • How a history of domestic violence may negatively impact your child custody case
  • How having a criminal record can affect child custody
  • If mental illness can affect joint custody cases

In California a Judge begins with a presumption that joint custody is in the best interest of a child. If a parent wishes to argue that joint custody is not in the best interest of a child then that parent must make a case to the Judge for primary custody. However, if concrete evidence exists that one parent may be a danger to the children (such as if the parent has a history of domestic violence) then the presumption shifts. The parent with questionable history would then be required to establish that joint custody is in the best interest of the child. Custody battles can be complicated and the way a person presents their circumstances to the Judge is highly important. If you are concerned that your ex-partner will attempt to paint you in a bad light in Court then you need to be prepared. Call our San Diego child custody attorneys today for assistance.

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Posted in: Child Custody

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