We all have things in our past that we are not necessarily proud of. Nonetheless, you may have learned a lesson from yours, turned over a new leaf, and become a better person because of it. However, in your upcoming litigated divorce proceedings, your soon-to-be former spouse may bring your history to light before the New Jersey family court. This may be in their aggressive attempt to receive more favorable divorce-related terms, such as child custody, regardless of how effective this tactic has proven to be. Well, if this is your worry, please follow along to find out whether your history will affect the decision of your current custody case and how a proficient Morristown child custody lawyer at Graves Andrews, LLC can strongly advocate for you.
Will my history influence my current child custody case?
Depending on the nature of your history, the New Jersey family court may carefully factor it into its final child custody decision. For example, say that you have a criminal record. Well, the court may question whether this past offense indicates that your child may be in immediate danger while under your care and supervision. This may especially be taken seriously if you were convicted for a violent crime, such as assault and battery, or an offense in which your child or someone else in your domestic household was made the wrongful victim (i.e., domestic abuse).
In another example, you may have a medical history of mental health issues, to the extent that you have been institutionalized in the past. With this, the court may be concerned about whether you have the mental and emotional capacity to take care of your child adequately. A similar concern may arise if you have a known substance abuse issue with having participated in inpatient rehabilitation centers. In addition, though, the court may worry that you will have drugs or alcohol present in your household and make it an unsuitable living environment for your child.
With that being said, other histories that the court may take seriously are histories of deserting your spouse, alienating your child, being financially unstable, and more.
How do I prove to the court that I am parentally fit enough for custody rights?
Obviously, you cannot take back the offensive things you acted on in your past. However, at the very least, you may prove to the New Jersey family court that your one-time mistakes no longer define you. Further, your resounding argument may be that you have taken proactive measures to better yourself as a parent and overall a human being. For example, if you have a criminal history, you may demonstrate that you have satisfied all the punishments you were sentenced to (i.e., served your prison time, paid your fines, completed your community service hours, etc).
As for your mental health issues, you may acquire testimony from your treating medical professional. They may vouch that you are consistent with taking your prescription medication that alleviates your symptoms, and that you are faithful in attending therapy and counseling sessions to stay on track. For a substance abuse issue, you may show that you voluntarily attended rehabilitation services and meetings to get better. And also, your loved ones may testify that you have remained sober for a long time and that your behavior has changed for the better.
If you need help preparing for this upcoming legal battle, turn to a talented Morristown family law attorney. We at Graves Andrews, LLC have gone through this countless times before, and we are ready to go through it again to support you.