Comprehensive Solutions to Difficult Family Law Issues

How parents may protect their children during a divorce

On Behalf of | Dec 3, 2018 | Divorce

When parents in California go through a divorce, there might be reasons that one parent is concerned that the child is unsafe with the other parent. In one case, one father was worried that the child’s other parent would drink and drive with their 7-year-old son in the car. She had moved away with the child and cut off contact. The father was also concerned because she had not been the child’s main caregiver during their relationship.

While courts will generally agree that, in most cases, a parent has a right to know a child’s whereabouts, proving a dangerous level of alcohol abuse might be more difficult. For example, a court ruled in one case that even though a father drank nightly, this did not necessarily mean that he did so when the children were around.

Parents who are concerned about a custody battle should document any confrontations with the other parent as well as time they spend taking the child to school, doctors’ appointments and similar things. In order to prove that a parent is a danger to the child, it might be necessary to produce police reports. Witnesses might be able to testify in the absence of other types of evidence. If a court decides that a parent is a danger, the parent may be required to take a blood test or undergo psychiatric testing.

Parents might also believe their children are in danger if there is a possibility of a child abduction. There may be ways for the court to step in to protect children in any of these circumstances, so parents might want to discuss these concerns with an attorney. While these types of situations mean that parents will probably have to go to court to resolve the child custody issues, in other situations, parents and their attorneys may be able to negotiate an agreement.