Manhattan Child Custody Lawyer Richard Roman Shum Explains What Can Be Used Against a Parent in a Custody Battle

Globe and Mail

20-06-2025

Navigating a custody dispute requires clarity, preparation, and an understanding of what courts consider when determining the best arrangement for a child. Manhattan child custody lawyer Richard Roman Shum (https://www.romanshum.com/what-can-be-used-against-you-in-a-custody-battle/) sheds light on these legal challenges in his recent article, 'What Can Be Used Against You in a Custody Battle?' This insightful breakdown helps parents understand what factors may negatively influence a judge's custody decision in New York.
Richard Roman Shum, a Manhattan child custody lawyer at the Law Office of Richard Roman Shum, Esq., explains that New York courts assess custody based on the child's best interests. No preference is given to either parent based on gender. Every decision made by the court reflects a comprehensive evaluation of the parent's ability to provide a safe, stable, and nurturing environment. As Shum outlines, actions and behaviors that may seem minor in daily life—like missing visits, sending inappropriate messages, or failing to comply with court orders—can become pivotal in custody proceedings.
One of the key areas that courts examine, as noted by Manhattan child custody lawyer Richard Roman Shum, is any history of abuse. This includes physical, emotional, or psychological harm. 'A consistent pattern of physical aggression, such as hitting, choking, or inflicting bodily harm, indicates a potentially dangerous environment, and courts will act to protect the child from future risk,' he states. Even if the abuse does not happen in the child's presence, it can still impact custody decisions. Harassment, intimidation, or controlling behaviors are also taken seriously, especially when they create an unstable home.
Substance abuse is another significant factor in custody cases. Shum explains that courts consider not only whether a parent has a history of drug or alcohol misuse, but also the steps taken to address the issue. Voluntarily participating in treatment programs, maintaining long-term sobriety, and agreeing to supervised visitation or drug testing are all positive indicators of parental responsibility. On the other hand, denial, concealment of substance use, or refusal to comply with monitoring measures can undermine a parent's position.
Mental and emotional health plays a similarly critical role in the court's analysis. According to Richard Roman Shum, courts do not automatically penalize parents for having a mental health diagnosis. What matters is whether the condition affects their ability to parent. For instance, untreated symptoms that result in unpredictable or disruptive behavior may be viewed as compromising to a child's welfare. However, consistent treatment and medical compliance can demonstrate stability and reliability in caregiving.
Criminal history is also scrutinized, with a focus on the nature, timing, and frequency of offenses. Violent crimes, domestic violence, and serious drug offenses carry the greatest risk to a parent's custody claim. Even non-violent offenses can raise questions about judgment and reliability, particularly if the criminal behavior is recent or recurrent. Courts also consider whether a parent has made genuine efforts toward rehabilitation.
Neglect and lack of involvement are additional red flags in custody proceedings. Failing to meet a child's physical, educational, or emotional needs is often interpreted as a lack of parental commitment. Richard Roman Shum outlines examples such as returning children without proper care, missing school events, or ignoring court-mandated visitations. Such behaviors can paint a picture of disengagement, which judges take seriously when considering custody arrangements.
Financial stability is another core component. While income alone doesn't determine custody, the ability to consistently provide housing, food, clothing, and medical care reflects on a parent's suitability. Irresponsible financial behavior, such as unpaid child support, heavy debt, or unstable housing, can weaken a parent's case, especially when the other parent demonstrates greater consistency and responsibility.
The article also discusses how non-compliance with legal orders, including court-mandated visitations, support payments, or protective directives, can significantly damage a custody claim. Failing to honor these obligations shows a disregard for legal structure and may lead to reduced parenting time or even supervised visitation.
To improve custody outcomes, Richard Roman Shum emphasizes the importance of proactive steps. These include following all court orders, being actively involved in the child's life, addressing personal issues like substance abuse or mental health conditions voluntarily, maintaining a stable home, and communicating respectfully with the other parent.
Courts in New York place a premium on action and consistency. Demonstrating reliable parenting through day-to-day involvement, adherence to legal requirements, and a focus on the child's well-being is key. As Shum explains, 'New York courts value action over intention, and tangible proof of good parenting will always carry more weight than verbal promises alone.'
Parents facing custody disputes in Manhattan can look to the Law Office of Richard Roman Shum, Esq. for guidance through every stage of the process. With legal support tailored to each family's circumstances, the firm helps clients avoid missteps and present the strongest possible case for custody. Building a strong foundation of stability, responsibility, and legal compliance is essential for securing favorable outcomes in court.
Parents seeking direction and legal support in a custody matter can begin by consulting with the Law Office of Richard Roman Shum, Esq. A clear legal strategy and documented record of responsible parenting provide the best path to a custody arrangement that supports the child's best interests.
About Law Office of Richard Roman Shum, Esq.
The Law Office of Richard Roman Shum, Esq. serves families in Manhattan with legal representation focused on family law. The firm is committed to helping parents navigate custody disputes by providing guidance rooted in New York family law and the best interests of the child.
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