How Do I Prove My Spouse is a Bad Parent in a Massachusetts Divorce?
If you are going through a fierce custody battle in Massachusetts, you may be concerned about the possibility of your children living with your former spouse. You might have firsthand knowledge of abuse, neglect, and other acts committed by your ex that raise serious questions about their parenting skills. Proving that your spouse is unfit to be a parent can be difficult in a divorce, especially if they adamantly deny any allegations made against them.
When you work with an experienced family law attorney in Massachusetts, this process becomes much easier. Our family law attorneys can help you gather evidence and prove to the court that your children should not live with your ex. When you get help from our legal professionals, you can ensure that your rights and those of your children will be protected throughout the divorce process.
Report Issues to the Necessary Authorities
Before your divorce even begins, it is important to report any instances of neglect or abuse to the necessary authorities. In Massachusetts, the government body responsible for these matters is the Department of Families and Children. If you fail to report any alleged acts committed by your spouse, it becomes difficult to prove that they actually occurred in court. If you make these reports, you create a written record that gives credence to your allegations.
What if My Spouse Did Not Actually Commit Any Serious Acts?
There is a big difference between a “bad” parent and an “unfit” parent. If your former spouse did not actually commit any acts of abuse or neglect, it becomes more difficult to prove that they should not get custody of your children. That being said, you can still show the court that it is in the child’s best interests to stay with you rather than your ex. For example, you may be concerned about your spouse’s drinking problem. Even though this
substance abuse might not have led to any harm suffered by your child, a judge might view it as a concerning factor.
How Does a Judge Determine What is in a Child’s Best Interests?
There are a number of factors that a judge might consider when awarding custody, but it all really comes down to the best interests of the child. When trying to prove that you are the “better” parent, you should keep this in mind. Instead of trying to show that you are a better person compared to your former spouse, base all of your arguments around the children. This is the only factor that the judge cares about. Think about the psychological and physical well-being of your children, and try to determine how your past and future actions might benefit them. Your attorney can certainly help you craft compelling arguments based on these factors.
Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified family law attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have considerable experience with all aspects of divorces, including high-conflict custody battles. We will collect and present the necessary evidence to the court, and we can help you prove that it is in the child’s best interest to live with you rather than your spouse.
Contact our offices now for a free initial consultation. 413-732-8356
