Legal Help: Getting Hurt on the Street

How To Get Custody If You Have Been Absent From Your Child's Life

Getting custody of your child after being absent from their life for a long time isn't easy. After all, if you were absent all along, who is to say that you are now ready to care for the child? It is difficult, but not impossible. Here are three things that may help your custody battle as an absentee parent:

Proof That Your Child Is In Danger

In disputes involving parents and their children, the court is likely to err on the side of caution if there is a reason to believe that the child is in danger. Therefore, proving that the child is in danger and moving will eliminate the threat may convince the court to change any existing custody rules. This is because the child's welfare is given priority over the parent's comfort.

Consider an example where the current custodial parent has started abusing drugs and no longer provides for the child as they did before, even diverting the money meant for the child's upkeep to drugs. Prove this to the court and you are likely to gain custody of the child even if you were an absentee parent.

Proof That You Have Been Providing For the Child

A parent who has completely neglected their child isn't likely to get custody of the child. Therefore, proving that you were providing for the child even in your absence may help you in your custody battle. This means you have to show proof of money remitted to the custodial parent for the upkeep of the child. In case you were behind on your child support payments, try to catch up on them as best as you can not only for your custody battle's case, but also for the sake of your child.

Proof of the Child's Wishes

Lastly, you may also strengthen your case by showing that the child also has the same wishes as you do. This is only true, however, if the child is old enough to reason. A teenager's preference is more likely to be considered than a first grader's wishes.

Note that the child's wishes alone won't help you much because children don't determine custody issues; courts do. However, if you have other facts to help your case, the child's wishes will also play in your favor.

Custody cases aren't easy to navigate even for parents who are in contact with their children. Therefore, you need all the help you can get as an absentee parent; consult a custody lawyer from a law firm like Topalian & Associates to help you win the battle. 

About Me

Legal Help: Getting Hurt on the Street

I never gave a lot of thought to needing a lawyer until I was injured while walking down a sidewalk. The accident happened when a biker decided to use the sidewalk instead of the street, and plowed into me as he turned a corner. What followed was a lesson in what is involved with pedestrian accidents. I found a traffic attorney who took my case, and she was able to obtain a settlement that covered the legal fees and my medical bills. If you have been injured through the negligence of another party, you do need legal representation. Keep reading and I'll share how I found the right lawyer and what we did to ensure that my rights were fully protected in a court of law.