Recognizing the Need For A Divorce

Character And Child Custody: What All Parents Need To Know

19 January 2022

Jackson Robinson

Dealing with child custody after a divorce is one of the most complex parts of family law. If you are going through this, you might wonder what has an impact when it comes to navigating the process. One major component that comes into play is character. When you and the other parent of your child end your relationship, you might worry about your former spouse's behavior and character, and their impact on your child. You need to let your attorney know about any character traits you are worried about causing harm to your child while in the custody of the other parent. Here are some things you need to know about character and how it can impact your child custody negotiations:

Why Does Character Matter?

Character is defined as the moral and mental qualities that are distinctive to a person. When someone has poor character, it impacts their decision-making skills. In most types of cases, poor character does not impact legal decisions. However, when it comes to child custody cases, judges are often open to reviewing evidence of bad character traits, as it can deem a person unsuitable for having custody of their children.

What Character Traits Might Impact Custody Decisions?

When you try to use character in your favor to gain child custody, make sure those traits are actually bad enough to help you win your custody case. The past behaviors and characteristics of your former spouse need to exhibit poor choices that can negatively impact children. This can include the use of drugs and alcohol, abusive behavior, engaging in suspect activities, and so on. Other poor character traits may also include acts of infidelity, perjury, and financial irresponsibility.

Is There a Limitation on Poor Character?

If you want to use bad character when negotiating custody, the timing matters. If the poor character traits were a part of your former spouse's life before you were married or earlier in life, the judge may forgive those behaviors. Especially if they can demonstrate they made better life choices during your marriage. For example, if your spouse was in jail for drug use decades ago but has since gone through treatment and has demonstrated they no longer take part in those activities, a judge may not hold that against them when deciding whether or not they should have custody of their children. However, it can help your custody case to show that your spouse still makes bad decisions based on their character.

To learn more about how character will impact a custody case, contact a company such as Albert & Krochmal.

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