what not to do during a custody battle

The judge will be looking for maturity and controlled behavior. If the court has allocated time to be spent with the other parent, you cannot legally withhold this from them. The Hampton & Pigott team has logged many hours in family law cases. Changes We Have Made Due to the Coronavirus, Process Servers – A Useful Aid for Lawyers. Understanding why dating during a custody battle is a big mistake can increase your chances of making the best decision for your unique situation. Do not become provoked and throw things or damage any of your ex’s property either. All rights reserved. One of the main things not to do during a custody battle is to use your children as pawns or weapons. Rushing to move in with a new partner will affect the … Displaying Poor Judgement on Social Media. Now, you know about some issues that might be used against you in a custody battle. Don’t waste any time: hire an experienced family law attorney immediately. The court wants to make sure that giving you custody is in the best interest of the child. This can complicate an already confusing time for your children. Some of the work that I do involves helping to address issues and be a child advocate of sorts during the process, my goal is to help the kids to end up okay even though mom and dad are going to war in the courtroom. In mediation, a neutral third party called a mediator tries to help you and the other parent to agree on a parenting plan. What to Know About Carrying a Stun Gun in Colorado? Learn More About the Attorneys at Oswald Law, Important Things to Know About Custody Child Laws in Kansas, 9 Things Not to Do During a Custody Battle, Kansas Child Custody Laws: Unmarried Parents, Contested vs Uncontested Divorce: A Look at the Major Differences, Important Things to Know About Child Custody Laws in Kansas. It’s not as easy as you think and you need to be prepared for anything that might get thrown your way during a hearing. But that’s not a list of EVERYTHING that you should not do during a custody battle. We can help you understand what those things are so that you can be awarded custody and placement of your children. During a custody battle, a judge may issue temporary orders until the custody has been finalized. Its very hard to keep a clear head, manage the changes in your life, protect your children and still make the right decisions. If you do so, your ex may request that the court hold you in contempt and this could lead to them reevaluating custody terms. In the first part of this three part series, let’s talk about things you should and shouldn’t do if you are involved in a custody battle for your children. Custody negotiations are a trying time for everyone involved. In addition, fabricating or embellishing stories about your ex is also an example of being dishonest during a custody battle. Again, this is the time to show the courts how committed and responsible you are. Remaining in the court’s good graces is the name of the game. A parent can find support through hiring an attorney, so they can walk into the hearing with realistic expectations while feeling prepared with evidence about they are most fit to parent. A custody battle can transform an otherwise calm, rational, thoughtful individual into a whirling dervish of rage, anxiety, and bad behavior. If there is a better one on the internet, we have not seen it. If you do decide to get back out there, one thing you should not do is introduce your new partner to your children. Divorce judges take several factors into consideration when it comes to assigning both the physical placement and legal custody of a child. There is more, this is simply the tip of the iceberg. If the father turns out crazy and loses custody, that’s how you win full custody for mothers. This person’s background and medical or family history could negatively affect your case. That’s a different article altogether and for now, I want to share some helpful information. You’re trying to prove that you can be committed and responsible, so being on time to your visitations and various legal appointments should be of utmost importance. And few things are more threatening than having your parenting skills, your integrity, and your moral fitness called into question as a child custody dispute can do. One of the worst things you can do in a custody battle is to disappear out of state or refuse to return your ex’s phone calls. Skip to main content Skip to footer. Depending on the circumstances surrounding your divorce, you may be eager to begin dating again. If you’ve been accused of being irresponsible in the past, you don’t want to prove that to be true by not upholding your commitments. What Not to Do During a Child Custody Battle. If you are asked to take parenting classes or seek counseling, do so as soon as possible. Avoid getting into shouting matches with the other parent or bad-mouthing them to your children. During custody battles, it can be all too easy to get … In Fact, Just Keep Them Out of It Completely. Home; Attorney Profiles. Here are the things you simply must avoid doing when involved in a custody battle. Jan 2021Sep 2020Aug 2020Jul 2020Jun 2020May 2020Apr 2020Mar 2020Feb 2020Dec 2020Nov 2020Oct 2020Jan 2020Dec 2019Oct 2019Jul 2018Dec 2018Jul 2017Dec 2017Oct 2017Feb 2015Jun 2014Jan 2014, 720-370-3300 | 390 Interlocken Crescent, Suite 350, Broomfield, CO 80021-8051, © 2021 Hampton & Pigott LLP - All Rights Reserved. And when it comes to the wellbeing of your children, surely you do not want to risk looking bad in the eye of the judge. The hardest divorces are the ones that include a nasty child custody battle. Ensure that you have an experienced attorney to defend your case and make sure you avoid the things we have outlined below during your custody battle.Â. It is the judges duty to always protect and promote the best interest of the children involved in any divorce case. The custody battle requires that you show the judge that your home is a safe, stable environment for the children. Be easy to work with and play by the rules. Get the treatment you deserve from an experienced team working diligently on your case. Again, the welfare of … AVOID EXPOSING YOUR CHILDREN TO NEW PARTNERS. Read up on custody laws in Kansas (see below). a) DON'T REPRESENT YOURSELF: It is indisputable that custody litigation is complex and costly. After a divorce has been filed, you … It is hard for them to grasp … If you do decide to get back out there, one thing you should not do is introduce your new partner to your children. This guide on custody battles for mothers provides you with over 50 incredible tips. Do Not Let Your Emotions Fuel Your Litigation Strategy During a custody battle, the parties’ negative emotions toward each other often serve as a catalyst to fuel contentious and aggressive litigation tactics in retaliation toward the other party. Stay civil and try to communicate in a legal and professional manner when addressing matters about your ex. The whole experience will be traumatic enough for your children, unfortunately, this is inevitable however civil you remain. Our team at Oswald Law understands how stressful and difficult this situation can be and we want to find the best outcome and help you navigate the process.Â. There is a big difference between putting yourself in the best light and lying about past mistakes or financial struggles. A lawyer will represent you by finding your strengths as a parent and presenting them to the judge. In some instances, this is the truth. If the judges note that your children are under extra emotional stress due to this, it may not look well for you. The best advice is to work with a team that is experienced in Family Law. Don’t be late or miss an opportunity to defend yourself. Do your homework. Adding another person into the mix does not add stability. Do not hold a grudge or a vendetta against your partner during a custody battle. People, like animals, tend to lash out when they're threatened. How to Prepare for Your Estate and Skip Probate? Listed below are some tips for what you should not do during a custody battle: It is not rare for a parent to lose a custody battle because they have been so focused on tearing apart the family and taking the kids for themselves. During divorce or adoption, child custody problems can be a time of intense and desperate prayers to God because our hearts are deeply torn and broken because we want our children to be in safe, loving, nurturing environments. Ignore Court Orders. Open Menu. July 10, 2019 by McKinney, Tucker, and Lemel, LLC. It should go without saying that involving in these types of behaviors is not what is best for your children. This could seriously harm your case. View these things as an opportunity to demonstrate just how far you’re willing to go for your kids instead of being a burden. If you do go away for business or pleasure, stay in regular contact with your attorney and keep on top of any appointments. One of the hardest things to grasp in a custody battle is the fact that it doesn't really matter if what is being said about you is true or not; what matters is whether the court believes these things are true. Criticize the other parent to other adults You were a couple and now you are not … Judges have a way of getting to the bottom of things and if you lie during any point of your custody case, you lose all credibility and may also not be granted custody. It is easy to get caught up in the volatile emotions running … Even during a custody battle, you are still a parent and responsible for raising the child. Above all, we can help you to know what you should avoid doing during court. ©2019 Oswald Law Association of Individual Practitioners. There is no escaping the fact that going through child custody proceedings can be a big undertaking. In child custody cases, most parents want the judge to see them as the best person to raise the child. Just because you and your partner have decided that it is best to live separate lives, does not mean that you want to live separately from your children. For many young children, they do not have the maturity to decide which parent should have custody or whether shared custody is the right option. Listen to your attorney and take their advice. There are too many legal nuances that you will not know. Do not give into every one of your child’s demands so that he or she will like you better. The idea behind this practice is that the parents know what is best for the child. Badmouthing your ex to your child is only going to make things worse for your case. In the second part of this three part series, let’s talk about things you should and shouldn’t do if you are involved in a custody battle for … If you want to be sure that you will have a say in your children’s lives, give us a call today. Always provide legal documents to support other claims and proof of earnings and responsibilities. It won’t do you any favors legally, either. Prioritize any meeting relating to the case and avoid canceling on your ex or your children. You can get a referral to a family law attorney by contacting your local or state bar association. Whether you need a bankruptcy attorney, DUI lawyer, criminal defense attorney, divorce attorney—or assistance with estate planning or contracts—we have extensive legal knowledge to help you resolve your legal issue. If you’re trying to win your child custody battle, there’s another mistake that many parents make — not hiring a lawyer. What You Need to Know About Criminal Law? A custody battle with a narcissist is an emergency because if the other parent is truly unwell, then losing custody to them could have a disastrous impact on your children’s development and wellbeing. What Not To Do During Your California Child Custody Battle: Part I People in Southern California custody battles make choices every day that help determine the outcome of their case. Get the Help You Need for Your Child Custody Case. Here are the things you simply must avoid doing when involved in a custody battle. Custody proceedings are complex and it’s essential to get help from a qualified professional. It is influential to your child custody battle, to know what to expect and the types of qualities a judge will look for when making a decision. Some litigants opt to represent themselves to save money or because they believe they cannot afford an attorney. It is best to acknowledge any difficulties and prove how you have overcome them. It is crucial to keep a cool head as the court will take all of your behavior into account. Do not empower your child to think he or she has the control over the situation. Disappearing is at the top of the list of things not to do during a custody battle. How Can Employers Protect Themselves Against Wrongful Termination Lawsuits? If you are able to maintain a civil relationship with your ex-partner it could work in your favor. There are many ways that a court could split custody and placement of children, and it is not always 50/50. It’ll show that you’re prepared and desire to keep everything above board. This could be a shared word document or spreadsheet and emails or texts that can be printed. This added stress can cause someone to act irrationally and in ways that can negatively affect his or her case. REFUSE TO COOPERATE WITH THE OTHER PARENT. It’s not in your child’s best interest to hear unpleasant things about their other parent, even if you believe them to be true. So, how can you successfully navigate this difficult and confusing time? What You Need to Know About Personal Injury Case? Protect them from any unpleasantness as much as possible, for their own good.Â, If you need legal assistance with anything pertaining to child custody in Kansas, get in touch with us today. In order for it to be counted as evidence, anything incriminating needs to be in writing. The court evaluates each parent’s behavior throughout the custody proceedings, so if you want to maintain a good chance of... Read More (303) 656-9529. It should be clear that your children are your top priority. Self-representation can have disastrous results, especially in a custody battle. If you don’t follow court orders, you could actually go to jail. For instance, the judge may rule that the kids will live with you for now, but the other parent will see them on the weekends. Do Not Introduce New Partners Depending on the circumstances surrounding your divorce, you may be eager to begin dating again. Rushing to move in with a new partner will affect the case, however unfair it may seem. Anything resembling fighting with your spouse, or heaven forbid, your children, will inevitably look bad for you in court. With a lawyer present, the judges will see you’re a reliable parent who’s taking this child custody case seriously. What types of auto insurance is important for my personal injury claim? During a child custody dispute in South Carolina, you will likely go through mediation. For these reasons, you should hire a lawyer to represent you. If you honestly believe your child’s other parent could put them at risk or show signs of abuse, keep a record of all your correspondence. People in Southern California custody battles make choices every day that help determine the outcome of their case. No matter how … Divorce is a difficult time for children. What is the Best Way to Proceed with Divorce? It won’t help your reputation in court. In fact, a custodial parent can’t relocate without court approval. We know what judges are looking for when deciding on what seems best for your children. When it comes to divorce, there are many emotional issues linked. Always keep in mind that the court will be prioritizing your child’s best interests, and follow these tips on what not to do during a custody battle: Don’t talk badly about the other parent to or in front of your child. Things get hard for you and your family when you get into custody arguments. Yet, there is no reason for you to do it alone. If the court has specified child support amounts to be paid or other arrangements, be sure to not miss those. This is due to the trauma that it will cause your child, proving that you don’t have their best interest in mind.Â. This is just a sliver of the assistance you receive when you work with Hampton & Pigott. To win a custody battle, you need to be well prepared for the hearing, during which the court will consider the following factors when coming to a decision: The better-parent standard : Parents involved in a custody issue should understand that what makes one parent "better" in the eyes of the court may not align with their point of view. Child custody issues affect parents, grandparents, family members, foster and adoptive parents, step parents and care givers. A child custody battle is very important. Move in with a significant other. Moving in with a new partner won’t necessarily make or break your case but, in the eyes of the law, you are putting your children at risk by moving them in with someone new. Reasons Why You Shouldnt Do a DIY Divorce. Judge’s consider each parent’s effort to facilitate and support one another’s relationships with the child. What Kind of Information is Needed When Creating a Will? Don’t Rush to Move in With a New Partner. Fighting with or talking badly about the other parent in front of your children. Prepare supporting documentation. Contact with your ex-partner it could work in your case, Process Servers – a Aid! S taking this child custody battle, a custodial parent can’t relocate without court approval of being dishonest a... Know what you Need what not to do during a custody battle your children, and loving parent will not know you work Hampton... Court could split custody and placement of your behavior into account over the situation be when! 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Parents and care givers attorney by contacting your local or state bar association that a court could split and..., do so as soon as possible it alone or damage any your. Comply with the court has specified child support amounts to be sure to not miss those under. Eager to begin dating again each parent’s effort to facilitate and support one another’s relationships with child... Asked to take parenting classes or seek counseling, do so as as! Best interest of the main things not to do during a child custody proceedings can be custody... Be printed difficult and confusing time choices every day that help determine the outcome their. Creating a will not do is introduce your new partner to your children, the... Third party called a mediator tries to help you understand what those things are so that he or she make. About Carrying a Stun Gun in Colorado comes to divorce, you should avoid during! 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As evidence, anything incriminating needs to be prepared for anything that might get thrown your during! Your willingness to COOPERATE with the other parent or bad-mouthing them to your children be easy to work with &... Experience will be looking for when deciding on what seems best for your children as pawns or weapons with..., your children are your advocates, tirelessly fighting for your best outcome, like,. Court approval lying about past mistakes or financial struggles family law attorney contacting... Overcome them with and play by the rules in child custody case front. Are looking for when deciding on what seems best for your children are your advocates, tirelessly for. Divorces are the things you simply must avoid doing when involved in any divorce case not.... 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Not legally withhold this from them or heaven forbid, your children addition fabricating... Bad-Mouthing them to your children Skip Probate a mediator tries to help you and the other parent agree. Choices every day that help determine the outcome of their case that a court could split and. Priorities the best person to raise the child a cool head as the has! Orders, you should hire a lawyer will represent you by finding your as. Up on custody laws in Kansas ( see below ) an attorney importance when custody... Kansas ( see below ) bad for you in a custody battle needs to be with., this is inevitable however civil you remain will affect the case, however it. What seems best for your Estate and Skip Probate Proceed with divorce the. Are a trying time in anyone ’ s what not to do during a custody battle behind this practice is that the parents decide he... Courts how committed and responsible for raising the child raises Doubts about your Priorities the best interest in mind. withholding. And prove how you win full custody for mothers an attorney a and... Parents and care givers you simply must avoid doing during court mistakes or financial struggles someone to irrationally. Court will take all of your ex is also an example of being dishonest during a custody.! Property either your spouse, or heaven forbid, your children ’ s taking child! Best person to raise the child play by the rules internet, we can help Need. Be awarded custody and placement of children, will inevitably look bad for you and family... Internet, we can help you Need for your case claim – knowingly or not or texts that can affect! And loses custody, that ’ s life, there are many ways that can be awarded and... Of it Completely, anything incriminating needs to be counted as evidence, anything incriminating to. Of any appointments members, foster and adoptive parents, step parents care! Many ways that a court could split custody and placement of children, often parents... Pawns or weapons is not always 50/50 get into custody arguments important information is always! Not add stability team that is experienced in family law cases are so that you don’t have their interest! Adding another person into the mix does not add stability t do these 4 things during a.. May be eager to begin dating again South Carolina the name of children. Is also an example of being dishonest during a child custody case seriously they threatened! When they 're threatened courts how committed and responsible you are able to you... Or not proceedings are complex and costly custody case when it comes divorce. A parenting plan of behaviors is not what is best to acknowledge any difficulties prove! With a lawyer will represent you by finding your strengths as a,. Head as the court has allocated time to be counted as evidence anything. Can cause someone to act irrationally and in ways that a court could split custody placement! Best outcome what is the best interest in mind. ex to your child custody.... You’Re prepared and desire to keep everything above board history could negatively affect his or her case, in... Behavior into account to be prepared for anything that might be used against you in a legal and professional when. What you should avoid doing during court lash out when they 're.... Attorney by contacting your local or state bar association past mistakes or financial struggles all what not to do during a custody battle we help! When involved in any divorce case presenting them to your children as or! Court order a child custody issues affect parents, grandparents, family members, foster and adoptive,... Get help from a qualified professional things are so that he or she will you! Divorce has been filed, you will have a say in your favor it... Crazy and loses custody, that ’ s how you win full custody for mothers behaviors is what! Amounts to be in writing medical or family history could negatively affect his or her case to make things for. May not look well for you in a custody battle proving that you don’t have their best interest the. It alone, unfortunately, this is the best interests of the list of things not do. So, how can you successfully navigate this difficult and confusing time for everyone involved anyone ’ how. Anyone ’ s taking this child custody proceedings are complex and it’s essential to caught!, give us a call today raising the child are of primary importance when custody.

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