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  • Areas of Focus

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    Law Office of Ronald Kossack
    4645 South Lakeshore Drive, Suite 4
    Tempe, AZ 85282

    Phone: 480-345-2652
    Fax: 480-897-6038

    My child broke their arm and now my ex is wanting custody

    When you’re in the midst of a custody battle, almost anything could be used by your ex to convince the court that your child should be moved in one way or another. Imagine, for instance, that your child fell, as children are prone to do, and broke his arm in an unfortunate accident. To many people, this would seem like an unfortunate thing that can happen to children in some instances. If you are having issues with your ex, however, you’ll need to know how this can impact your standing as the parent in custody.

    Your duty as a parent

    As a parent, you cannot be expected to answer for every single thing that happens to your child. Children are given some freedom by necessity, and occasionally they will get injured. However, you do have an obligation to act as a reasonable parent would in any given situation. This means that every given situation will be different, depending upon how a judge views your actions. If you drop your child directly on their arm, causing the break, then you might be seen as negligent. If you give your child the ability to play on a swing set and she happens to fall, then you’ll likely be alright in the eyes of a court. It should be noted, however, that each court will get to make a determination on how your actions compared to the standard of a reasonable parent.

    Negligence and child endangerment

    In most jurisdictions, the court’s primary focus will be ensuring the well-being of the child. While many courts give deference to the parent who has been granted custody, they will be in the process of ensuring that the child is treated appropriately. This does not mean that a single instance of negligence will cost you your child. This is especially true if there was some compelling reason why you were given custody in the first place. In many cases, your ex will try to establish a pattern of negligence on your part in order to show the court that the child should be with him. You should be conscious of this and careful with the way in which you conduct yourself.

    The role of a good lawyer

    You shouldn’t have to go through these things alone. A good attorney can help you demonstrate to the court that accidents happen and that you’re a good parent to your child. In most cases, it will be very difficult for your ex to prove that you were at fault, and unless that sort of proof exists, the court will usually defer to you as a parent, understanding that childhood can sometimes be dangerous.