It doesn’t take long for child custody cases to become heated. A harmful statement about the other parent or a parenting decision that runs counter to the other parent’s expectations can set off a powder keg that leads to ongoing fighting and disintegrated cooperation. This, in turn, can threaten your existing custody arrangement with modification, or your initial custody determination with an outcome that’s contrary to what you think is best for your child.
So, as you build your child custody case, you must have evidence that clearly speaks to your child’s best interests given that’s the legal standard at hand. But while you’re focused on being on the offensive in your custody case, you can’t overlook some of the mistakes that can be made along the way. After all, a misstep or two could make all the difference in your custody case, derailing even the best laid legal arguments in support of the custody arrangement you want for your child.
What mistakes do you need to avoid in your child custody case?
There are several mistakes that can be made when pursuing or defending against a custody case. Here are some of the most important that could have a profound impact on the outcome of yours:
- Talking badly about the other parent: Bashing the other parent can be harmful to your child’s understanding of their family dynamics, and it could result in psychological harm. And if the court finds out that you’ve been bad mouthing the other parent, especially in a way that’s accessible to your child, then there’s a good chance that they’ll view that unfavorably in your child custody since it’s an indication that you won’t help facilitate a meaningful relationship between your child and the other parent.
- Withholding contact: If there’s a custody order in place regarding visitation and other forms of contact, then you need to stick to it, otherwise the court will see you as acting contrary to what the court has already found to be in the child’s best interests. If you’re concerned that ongoing contact poses a threat to your child’s well-being, then you should file a motion seeking to modify it, even if on an emergency basis.
- Trying to hide the facts: There’s a good chance that the other parent will try to air your dirty laundry to make you look like a bad parent. While you can try to block this evidence from being used against you in court, you shouldn’t try to pull the wool over the judge’s eyes if they deem the evidence relevant and admissible. Instead, be honest about whatever the issue is, but put it in context. There are a lot of mistakes that can be made during life, but they don’t automatically make you a bad parent.
- Posting on social media: While social media can be a great place to blow off steam and find support during a contentious custody battle, posting online can also be risky. The other parent might get their hands on your posts, and when they do, they could use them to try to show that you’re immature, that you won’t support a relationship between the child and the other parent or that you struggle with issues that are indicative of parental shortcomings. You’re better off avoiding social media posts about the other parent and your custody case.
Don’t become your own worst enemy in your custody case
The breadth of the best interest standard in a child custody case can make it difficult to target your arguments, and you might be left feeling like you’re fending off attacks from all directions initiated by the other parent. And with so much to deal with in your case, you can’t afford to become your own worst enemy. So, if you want to ensure that you’re protecting your child and your relationship with them as fully as possible, then now may be the time to discuss the unique circumstances of your case with an attorney you trust.