A child custody dispute can be a contentious manner between parents. Ohio courts will make these decisions based on the best interests of the child. The goal is to ensure the child’s welfare and stability.
But certain actions and behaviors can negatively impact your case. What can be used against you in a custody battle in Ohio? Let’s look at these factors so that you can present yourself in the best possible light to the court.
Criminal Record
If you have a history of criminal activities, then that can affect a custody case. Violent offenses, drug-related charges, or any crimes involving children will raise red flags. While a single minor offense from years ago may not carry as much weight, a parent with a pattern of criminal behavior may be enough evidence for the courts to question your ability to provide a safe environment for your child.
Substance Abuse
Any drug or alcohol usage can also be used against you. The court will need to determine whether a substance dependency may impair your ability to care for your child.
In these cases, a parent struggling with substance abuse may be viewed as unable to provide a stable and secure home. However, rehabilitation efforts could show the court your commitment to change.
Past Incidents of Abuse or Neglect
One of the most damaging factors in these cases is the evidence of child abuse or neglect. Often, custody is not awarded under these circumstances. The courts will look at testimonies, photographs, medical records, and Child Protective Services reports in evaluating claims of abuse or neglect.
If there is credible evidence of abuse or neglect, the abusive parent may lose custody or be granted only limited, supervised visitation.
Domestic Violence
Domestic violence is a serious concern, whether it is directed at the parent or the child. Exposure to this type of behavior can have long-term psychological effects on a child. Under Ohio law, judges may issue restraining orders, limit visitation, or assign sole custody to the non-abusive parent if domestic violence is proven.
Any history of domestic violence can tarnish the abusive parent’s credibility. In turn, that can negatively impact your ability to secure joint or shared custody.
Mental Health Issues
Mental health issues do not disqualify a parent from custody. However, if you have untreated or severe mental health concerns, then that can be used against you, especially if they affect your ability to care for your child.
Depression, anxiety, or bipolar disorder may raise questions. But if you are actively managing your mental health, you can show the court your commitment to providing a stable environment.
Housing or Employment Concerns
One of the biggest factors in these cases is the ability to provide a stable living environment. An inability to maintain steady employment or living in an unsafe can be seen as evidence of instability. In these cases, the courts may question whether you can provide a consistent and secure environment for the child.
Employment is another issue. While Ohio courts do not penalize parents for having low incomes, they will assess whether your financial situation allows you to meet the child’s needs.
Court Orders or Agreement Violations
If you have failed to comply with temporary custody arrangements, visitation schedules, or child support payments, that can be a negative factor in your case. The courts expect you to follow all legal orders and laws in any situation. Repeated violations will be seen as a disregard for co-parenting. In turn, that can diminish your credibility in court.
Get Legal Assistance for Your Child Custody Case
What can be used against you in a custody battle in Ohio? Criminal records, substance abuse, evidence of abuse or neglect, and even non-adherence to previous court orders can challenge your fitness as a parent. Courts want to ensure that the child has a safe and nurturing living space. These factors can be detrimental to those decisions.
If you would like to learn more about child custody in Ohio, reach out to the legal team at Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.