Going through a divorce is tough, but it’s even more challenging when child custody is involved. The emotions and stress can sometimes cause people to act impulsively, which can significantly impact their case. It’s crucial to be aware that the court will evaluate your behavior throughout the proceedings and always act accordingly.
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The Best Interest of the Child
To understand how to navigate a custody battle, it’s helpful to know how the court determines the best interests of the child. The court evaluates various factors, including:
- The length of time the child has been under someone else’s care
- The parents’ desires and any agreements reached
- The child’s relationship with parents, siblings, and other significant individuals
- The child’s adjustment to home, school, and community
- Each parent’s willingness to facilitate a healthy relationship with the other parent
- Any evidence of spousal or child abuse
- Sex offender registration status for either parent or their cohabitant
- Prior convictions of child abuse
- Cohabitation with a person convicted of child abuse
Watch Your Behavior
Your behaviors during the custody battle are crucial, whether you’re fighting for primary custody or visitation rights. The court will consider everything you say and do. So, it’s essential to communicate and interact with your children and their mother as if the judge were right there with you.
Avoid negative behaviors, especially towards the other parent, as children tend to repeat what they hear. Be mindful of the things you say to or in front of your children that relate to their mother.
Conversations As Evidence
Be aware that your conversations with your ex may be recorded, such as phone calls or in-person arguments. Words spoken in anger or frustration can be used against you. Even though such recordings may not be technically permissible, some courts may consider them to evaluate your intentions and mental state. To avoid any pitfalls, refrain from saying anything that you wouldn’t say in front of a judge. The same applies to written communication, such as emails and text messages, as they can be presented as evidence.
Common Mistakes to Avoid
There are several common mistakes men make during child custody battles that can harm their case. It’s crucial to be aware of these pitfalls:
1. Alienation of Affection
Children fare best when both parents are involved in their lives. Alienating the other parent by speaking negatively or preventing contact with the children can be harmful. Judges take this behavior seriously and may view it as parental alienation, which can have long-lasting effects on children’s well-being.
2. Yelling at Wife and/or Children
Raising your voice not only damages the relationship with your ex but may also be perceived as abusive behavior. Courts take allegations of fear seriously, and any recordings of angry outbursts can be detrimental to your case. It’s crucial to always remain calm and composed, even during heated moments.
3. Physical Confrontation
Engaging in physical altercations is illegal and can lead to severe consequences. Physical violence between parents is distressing for children and can have negative long-term effects on their development. It’s essential to walk away from heated arguments and remove yourself from potentially dangerous situations.
4. Moving in with a Significant Other
Introducing a new partner during the divorce process can be confusing and upsetting for children. Courts generally discourage exposing children to new relationships until the divorce is finalized. It’s important to prioritize stability and focus on nurturing a healthy relationship with your children.
5. Criticizing the Mother to Others
Avoid speaking negatively about your ex to friends, family, case workers, or the guardian ad litem. It’s important to maintain positive communication and focus on your relationship with your children. Criticizing the mother can be viewed as alienation of affection and can harm your custody case.
6. Failing to Pay Child Support
Ignoring court-ordered child support can lead to serious consequences, including fines or even jail time. Courts prioritize the well-being of the children, and failure to pay child support can be seen as a lack of respect and concern for your responsibilities as a parent.
7. Damaging Property Belonging to the Mother or Her Family
Property damage indicates aggression and can be viewed as a threat to your children. Not only will you be responsible for replacing the damaged property, but it can also negatively impact your custody case.
8. Denying Telephone Contact with the Mother
Allow your children to communicate with their mother when they are in your care. Denying phone contact can be seen as alienation and may be viewed unfavorably by the court. It’s crucial to foster open communication between children and both parents.
9. Taking Kids out of the Area without Notice
If you plan to take the children out of town, inform their mother in advance. Clear communication ensures that both parents have an opportunity to spend time with the children. Sudden departure without notice can raise concerns and may lead to legal repercussions.
10. Removing Children from School without Notice
Unless you are the primary custodian, refrain from removing the children from school or daycare without proper notice. Even if you are the primary custodian, stability and routine are important for children. Be mindful of school schedules and respect their educational environment.
Seeking Legal Assistance
Navigating a child custody battle is complex, and seeking legal advice is crucial. Hiring an experienced divorce attorney who specializes in men’s divorce and fathers’ rights can help you understand your options and position yourself for success in your case. Cordell & Cordell is a law firm that focuses on men’s divorce and fathers’ rights cases. They have a unique understanding of the challenges faced by dads and can provide the necessary guidance throughout the process.
Remember, avoiding these common mistakes can significantly improve your chances in a custody battle.
