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Mistakes Parents Make in Custody Battles and How to Avoid Them

Mistakes Parents Make in Custody Battles and How to Avoid Them

Custody battles can be a long, tiring process that may emotionally drain both the parents and children involved. The legal battle and personal issues resulting in the separation can cause parents to make costly errors that can damage their chances of a favorable custody agreement.

A compassionate family law attorney can help you understand the common mistakes parents make while navigating the landscape of a custody battle.

Common Mistakes Parents Make in Custody Battles

Several errors made by parents during a custody battle can gravely affect their outcome. Being aware of these potential errors before they occur can help parents achieve the best possible results in their case.

Badmouthing the Other Parent

The most frequent mistake parents make during a custody battle is speaking negatively about the other parent around the child. Not only does this impact the child’s emotional wellbeing, but it can also have legal implications. In a custody case, it is presumed that neither parent should attempt badmouth the other parent to the child. If the Court learns of such attempts, the Court may not just look unfavorably upon a parent – the Court may actually make a legal determination against them that hurts their custody case.

Parents Losing Their Temper

Effective communication is crucial in custody battles because it shows both parents are committed to the child’s needs and wellbeing. Poor communication and losing tempers can not only escalate custody conflicts and further complicate the process; it can result in the Court making a ruling against and taking decision making authority away from a parent because they are unable to cooperate with the other parent. Thus, it is vital to avoid becoming heated in arguments or insulting the other parent.

Parental Alienation

During this time, a parent may believe that winning the support of their child and turning them against their other parent will help their case. In reality, attempting to do so usually backfires with a Court making a finding of parental alienation. Parental alienation occurs when one parent tries to sabotage the child’s relationship with the other parent. In fact, a parent who is found to be committing parental alienation can have their time with their child limited by the Court.

Misuse of Social Media

Technology can be weaponized against a parent in a custody battle. Social media is often used to vent about personal problems. However, complaining about a custody battle or criticizing the other parent on social media can have harmful implications for a person’s case. The Court may be presented with social media posts or comments as evidence to assess the parents’ attitudes and decision making abilities. A parent whose social media use displays contempt for their child’s other parents may give the Court reason to find they are not fit to share decision making authority.

Keeping a Child from Seeing the Other Parent

Although a parent may not want their child to see the other parent during this time, withholding the other parent’s access without a valid reason will always be viewed poorly in Court. Unless the other parent poses an immediate danger or threat to the child, they have no grounds to refuse visitation. It is important to always consult an attorney before withholding visits from the other parent because wrongfully doing so can have serious legal implications, including civil sanctions and criminal prosecution.

Parents Representing Themselves in Court

Finally, many parents in custody battles try to represent themselves. Due to a lack of legal expertise, this can result in unfavorable outcomes or appearing foolish in Court. A custody battle often entails an abundance of gathering evidence, filing paperwork, multiple court dates, and the use of custody experts. Missing the due dates on any deadlines, improperly filing paperwork, or making misguided arguments in Court can be disastrous to a case’s outcome.

Contact a Family Law Attorney to Learn How to Avoid Parental Mistakes Made in Custody Battles

An experienced family law attorney with Moskowitz Law Group can argue on your behalf and ensure proper management of documents, filings, and court dates. If you are currently in or going to be entering a custody battle, get in touch with our office today for legal assistance.

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