Fathers fighting for custody of their children tend to find themselves in an uphill battle. For better or worse, the legal system in the United States has a bias toward mothers when it comes to child custody cases. With this being the case, it is essential for fathers who are hoping to maintain custody to not make it any more difficult for themselves.
So how can a father lose visitation rights? It turns out there are a number of reasons why fathers in North Carolina might lose custody of their children. In this article, we’ll explore several of the more common reasons why fathers lose custody of their children in order to help fathers avoid these all-too-common mistakes.
In child custody cases, the primary goal of the court is to do what is in the best interest of the child. If a father has demonstrated a pattern of poor co-parenting it will often be seen as evidence that awarding the father custody would not be in the child’s best interest. So what does poor co-parenting look like? Failing to provide a safe and productive environment for your children to live in while they are in your care is one example of poor co-parenting. A failure to shoulder important responsibilities regarding a child’s care, quality of life, and education is another example. In the end, there are a lot of things that can fall under the category of poor co-parenting, and these factors can often be enough for a father to lose his custody rights.
From the court’s perspective, violations of a child custody order are sometimes viewed as reasons to stop the father seeing the child. Ultimately, though, it will depend on how serious the violation is. Being late on the agreed-upon time to pick up your child, for example, would be a custody order violation. However, it would likely be viewed as a minor violation that wouldn’t result in you losing your custody rights. Making a major decision without consulting the other parent – such as pulling your child out of school or taking them in for an elective medical procedure – would be one example of a custody order violation that might be serious enough to result in you losing custody.
Parental alienation can be difficult to prove in court. Nevertheless, if it is proven that a father is tactically trying to alienate his children from their mother, parental alienation can be grounds for a loss of custody. It’s never a good idea to try to manipulate your children against their other parent no matter what your own thoughts or feelings toward them might be. In addition to being destructive for your child, doing so may also result in a loss of custody if the other parent is able to prove in court that you are guilty of this behavior.
Not every custody agreement includes a right of first refusal clause. For those that do, however, a parent is required to offer the other parent the opportunity to look after their children before hiring a babysitter, getting another family member to watch the child, or making any other such arrangements. A single violation of this clause won’t typically be enough to result in a loss of custody. A pattern of right of first refusal clause violations, though, is a more serious offense.
Here we’ll discuss some of the more serious issues that are almost certain to cause a father to lose his custody rights. Any instance of child abuse will not be tolerated by the court and will quickly lead to a loss of custody. Likewise, instances of substance abuse, child neglect, or any other behavior that puts a child’s well-being at risk are all but guaranteed to result in a loss of custody.
There is a wide range of reasons why fathers in North Carolina might lose custody of their children. If you fear that your custody rights might be in jeopardy, working with a private investigator can often be incredibly beneficial. At Barefoot Professional Investigations, we have years of experience working on behalf of fathers in child custody cases. To learn more about our industry-leading private investigation services, feel free to contact us today.
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