Getting Custody: What Can Be Used Against You In a Custody Battle
On behalf of
These Mistakes Will Ruin Your Chances of Getting Child Custody
Divorce can be quite the draining process, without the added stress of trying to navigate it with children involved.
However, regardless of the amount of stress that you might be dealing with, in the eyes of the court, every action you take both during and outside of legal proceedings can have a huge impact on your child custody battle.
Understanding what can be used against you in a custody battle and avoiding these issues from the very start can save you a lot of heartaches, time, and money in the long run.
Keep on reading for the full breakdown of key mistakes to avoid when you’re going through child custody proceedings.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations
We wanted to start with the most simple pitfall to avoid:
When tempers get high, it’s quite alluring to get into a verbal sparring match with your ex-spouse. However, the truth of the matter will always be that it’s not worth the heap of trouble that might follow.
If you instigate a shouting match, especially in the presence of your children, the judge won’t look favorably on this behavior. Needless to say, the same is doubly true in cases which involve physical altercation.
The solution is as simple as taking control of an argument by dousing the fiery tempers with water. State that you’re done with this conversation, and you won’t be adding more trauma and turmoil in front of your children.
As it stands, there is a high possibility that your children will be interviewed if you and your spouse cannot resolve child custody issues. What your children say about you and your spouse could heavily influence the judge’s decision.
Exposing Your Children to New Partners
It is understandable that when a divorce has been filed, it can be quite tempting to meet new people and start dating.
Moreover, the foundational cause of your divorce might actually be due to romantic or sexual involvement with someone else either on your side, your spouse’s, or both.
Yet, as long as your child custody arrangement has not been finalized, even if it is an ample period after your divorce has been finalized, make sure you keep your children away from anyone you might be seeing.
There are multiple consequences to this mistake. One is this is a cause of confusion for your children, the creation of unnecessary drama and tension with your ex-spouse, leading to potential complications on the legal side of things.
In short, make sure to keep things low-key during and after your divorce to save yourself potential minefields in your child custody battle.
Criticizing the Other Parent to Outside Parties
The “outside” parties include family and friends.
The bitter truth is that anything that you say to almost anyone can make its way back to the court and shed a negative light on you.
Furthermore, the person you have confided in might not even intentionally mean to repeat what you said. Yet, there is still the probability that they may be called upon to give a deposition or testify.
Considering that both procedures are conducted under oath and that person will be sworn to tell the truth, it might not even be in their control (or power) to keep your confidence.
Therefore, it is much easier to prevent that from happening in the first place. Simply assume that anything you say out loud or post on social media can be considered public knowledge and used against you.
Neglecting Child Support Payments or Other Parental Responsibilities
Whether it is court-ordered or not, make sure you are fully meeting any agreed-upon child or spousal support payments while your divorce or child custody proceedings are ongoing.
Also, if these payments are actually court-ordered, then there is no room for negotiation.
You will have to make these payments because you could be seen as showing contempt for the court’s temporary judgment, and you might have to deal with a host of other legal consequences.
In addition, it paints you as an uncaring parent who does not have the children’s best interest at heart. The same rule applies to nonmonetary duties, like picking up your children from visitations as well as dropping them off at the agreed-upon locations and times.
Preventing Contact Between Your Children and Their Other Parent
As long as your ex-spouse has legal visitation rights and they are following the court’s judgment, denying reasonable contact with children is illegal.
If you fall into this mistake, your ex can ask the court to hold you in contempt. Moreover, the court might even review your current child custody and placement with the intent to limit your contact or change the current allocation.
Removing Your Children From Regular Activities
Divorce, by nature, is going to take a heavy toll on your children’s mental and emotional well-being. Children like routine and divorce usually upends the majority of their normal daily activities. This leaves a rather distinct impact on their psyche.
As a responsible parent, you can try your best to keep them in all of their usual school activities, and extra-curricular sports.
Of course, it might not be easy , and you might deal with friction from your ex-spouse. However, by trying your best to keep your children’s daily lives to be as stable as possible, you are not only helping them but also helping your standing in your child custody proceedings.
Get the Help You Need for Your Child Custody Case
There is no escaping the fact that going through child custody proceedings can be a big undertaking. Yet, there is no reason for you to do it alone.
Now, you know about some issues that might be used against you in a custody battle. There is more, this is simply the tip of the iceberg.
Get the help you need by contacting us online, or calling (303) 695-0200. The Shapiro Family Law team can set you up with a child custody lawyer who can render all the aid your case requires.
Why You Need a Parenting Plan
As part of your divorce, if you have children, you will need a parenting plan.
What is that?
A parenting plan is the bible you will follow for rules about parenting time, visitation, and how to handle the various issues that you'll run into when raising children in separate households.