Reasons For Losing Custody Of Your Child

Child custody in a divorce case, or over children to two separated parents, remains a contentious issue between parents. When ‘battling’ for custody over children, parents will usually go to extreme measures to ensure that they have children living with them.

Parents will go as far as attempting to prove that the other parent is unfit to look after the child, often using excuses that are not recognized by the court. Remember: the court is there to ensure that the children lives in a home that promises safety, well-being and love. If a parent is unemployed or was the perpetrator of infidelity in the marriage, they cannot use these reasons as grounds to determine custody. Neither can one parent prevent the other parent from visitation and from custody when they choose.

However, there are a few good reasons for the court’s decision to dismiss a parent from having custody of one’s children.

Many parents, in their attempts to win the custody of their children, will accuse the other parent of mental instability. The court takes this accusation very seriously, and if they find that a parent is not mentally sound (parents with depression, bi-polar or schizophrenia are especially susceptible) then this can result in the children being removed from their custody. However, if the parent is mentally sound, the court takes false accusation very seriously, and can make a custody decision based on one parent’s vindictiveness toward the other.

The parent can also have custody of their children revoked if the parent has shown cases of reckless behavior. For example, if a mother has left children abandoned within a car, this information may be used in court to decide which parent is granted child custody. The same can be said of behavior within the home. If there are cases of neglect, or extended time away from the child, leaving the child in the care of a third party, then the court may decide to leave custody of the child with the other parent.

The use of drugs and the abuse of alcohol are also deemed to be determining factors when it comes to deciding who takes custody of the children. Child custody cases are instantly decided when the use of drugs is a factor, and parent’s can even lose their visitation rights if they are found to be drug users.

If you require an experienced child custody attorney in Johannesburg, then make sure you contact Ivan Zartz Attorneys today.