Fighting A Child Custody Case: Five Mistakes That You Should Avoid

September 21, 2018

Legal and family law matters are never easy! And when it is about child custody trials, things are costly and time-consuming. And the last thing any parent in the question of child custody wants is to sabotage the case because of a careless mistake. Few errors cannot get undone. The consequences are costly!

For several parents, their child custody legal case is probably the most crucial segment of the divorce case. They probably are not much affected by the separation from a spouse or the division of property. But when it comes to the child, the entire scenario changes! Over the years the expert attorneys for divorce and child custody has been suggesting their clients stay away from certain mistakes during a child custody case. Wondering what these mistakes are? Few important ones are as follows.

1. There is room for no bad or questionable behavior

Conduct is supreme when it comes to a child custody case. Many cases have been proof that either of the parents often loses their cool and display signs of extreme anxiety, frustration, anger, and helplessness. Either of these emotions is not going to be helpful if you want to win the case in your favor.  The court seeks to ascertain that the child responsibility goes to the parent who is matured and calm. Therefore, it is best to remain calm and avoid excess emotional outburst or display.

A legal case will have its highs and lows. So, you can argue with your partner. But make sure that does not lead you to show your temper extremities. While the case proceeding is on, do not make any vengeful statements or give any threats to your partner. It will hamper your reputation.

Also, it is essential to avert all kinds of alcohol and drug abuse when you are meeting your child. Just in case you are found guilty of it, the court will place you under detailed drug testing at a San Antonio Drug Testing center, or test center in your area. And this goes against your favor. You may not win the child custody case at all. 

2. Always keep in mind to pay for child assistance

Are you the parent requested to pay for child support? If yes, then do not at any cost give this a miss. If due to any problem you witness a financial issue that comes in the way of your paying then let the judge know of this immediately. Problems like a job loss might pose a temporary economic challenge. Then the court will might out something in your favor. It might excuse you from paying, till such time you are not financially stable again. And if you fail to pay without providing any plausible reasons, then the court will restrict your child visit, and the custody will go out of your hand.

3. Make sure you take your spouse’s approval before planning a vacation with kids

If you are planning a holiday with your kids, inform your spouse. Else, it might appear that you are kidnapping your children and this will act against you. And that might influence the court to decide limited to zero custody for you. The court might think that you can take your kids away silently and change them to stay away from your spouse. Hence, to avoid all kinds of allegations and perceived risks it is always better to keep your spouse informed about your plans.

4. Never make any display of disrespect in the court

There are many cases where parents have overlooked this fact. As a result, they have hampered their chances of winning the child custody. Any misconduct in the court will act against you. Make sure that you comply with all the orders that the court gives. You might disagree with a law, but rebelling will not take you far in the case. For instance, if the court decides that you need to opt-in for anger management or parenting class, go ahead and do the needful. Also, when the judge orders for a custody assessment, you need to co-operate with the evaluator. Listen to every order and understand the objective behind it. It will help you in your child custody case.

Also, a proper dressing is considered part of appropriate conduct. So, make sure that you dress well. Formal dressing is a smart call. It shows respect both for your spouse and also for the court. Most importantly do not ever in front of the judge. Always tell the truth in your legal case. When you disagree with your spouse, make sure you disagree respectfully.

5. Do not let your needs overshadow your child’s needs

In matters related to a child custody case, it is the children who stand innocent and the parents who need to sort things out. You might want to overlook everything that is happening. However, this is indeed a critical time, and you need to show up, especially for your children. It is essential that you only keep their needs on your mind and nothing else. If you need to read useful articles on how to train yourself to concentrate on your child’s need during a custody case, go ahead and do that. But it is essential that you do not sound or appear selfish during a custody case.

Co-operate with your spouse during the case. Sometimes, you might have to stop acting bossy and let go of the control that you probably exercised otherwise on your kids. Allow ample time to your ex-wife/husband to spend with your kids without creating any difficulty for them. A child needs both the parents. And divorce is more painful for a child, as he/she stands at the threshold of confused loyalties. So, if you understand the delicacy of the matter and allow your spouse the time he/she needs with the child, the judge will favorably look at you and decide in your favor.

A child custody case is never easy! But as a parent, you can take responsibility that it does not get murky and disrespectful. It is important to remember that everything that you do will impact the child. So, when you and your spouse are caught up in a dirty blame game in the court, the child observes and is secretly affected by it. Hence, it is always advisable that you say yes to proper counseling and take care of the above discussed five mistakes.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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