When can my child be taken away from me in a divorce?

A child can be taken away from you in a divorce only in limited circumstances. The courts who award custody (if you and your spouse cannot come up with an agreement) generally do not take your child away from you unless there is a very good reason to do so. As such, your spouse cannot just withhold your child from you, even if you aren't getting along or if you haven't paid him or her any child support.

Your child is generally taken away from you in a divorce if:

• You are not able to provide a stable home life for the child
• You have been abusive to the child, had anger issues, or practiced domestic violence in the past or there is reason to believe you will do so in the future
• You have some condition that precludes you being able to parent the child properly, such as an addiction or a mental illness

Absent these situations, you will generally be granted at least some access to your child either through shared custody or visitation. Even in certain circumstances where there is a reason to take your child from you, such as neglect or addiction, you may still be offered limited or supervised visitation rights.

If you are going through a child custody battle, you should strongly consider getting help from a lawyer to make sure you protect your parental rights.