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Defending against unfit parent allegations during custody case

| Dec 24, 2020 | Uncategorized |

Over the decades, fathers have commonly come out of child custody proceedings with less time with their children than they had hoped. Typically, courts have considered it better for the children to remain with their mother than their father, and while those views have shifted some over the years, you may still worry that you will not reach the favorable outcomes you hope when your divorce case reaches custody matters.

One reason for concern may be that you know your children’s mother will try to fight for sole custody. She may even try to show the court that you are an unfit parent and that you should not have much time with the children at all. This can certainly be difficult to address, but if your spouse takes this route, it is important to keep in mind that you have the right to defend against these allegations and work toward the custody outcomes you know will benefit your kids.

Contentious custody battle

Unfortunately, many parents in Kentucky and elsewhere end up in difficult custody battles. It is not unusual for parents who want sole custody to make arguments that put the other parent in a bad light. For example, if your spouse wants to argue that you are an unfit parent, she may state that you neglect the children, do not show interest in their lives, are irresponsible when caring for them or are cruel. You may know that these statements are untrue, but you would still worry about their effect.

Luckily, your spouse cannot make wild accusations without evidence to support those claims. Even if the other parent presents evidence that makes it appear as if you are an unfit parent, you could dispute that evidence with evidence of your own. For example, you could use witnesses to provide testimony regarding your good character and affidavits, or sworn written statements, that dispute the other parent’s claims.

Fighting for your rights

Courts do not simply take away a parent’s rights for no reason, but it can still feel unfair that you may have to fight against unfit parent allegations. If you find yourself in this predicament, remember that you have legal rights and can fight for fair custody of your children. It may be in your interests to discuss your concerns with a knowledgeable attorney who can explain your options for defending against unjust allegations during your divorce case.