4 mistakes to avoid when child custody is being decided

Posted by Lauren S. CohenMay 20, 20180 Comments

If you are engaged in a child custody clash with your former spouse, it is important for the court to have a good opinion of you and your efforts to care for your child.

A New York judge will always keep the best interests of your son or daughter in mind when determining which parent should have custody. Here are four mistakes to avoid when the custody battle heats up:

1. Ignoring temporary custody orders

If the divorce proceeding is coming up, the judge may issue interim custody orders, which will address the decision-making powers for you and the other parent plus the physical sharing of time with your child. The court will not look kindly on any attempt you might make to ignore or disobey the interim orders, such as failing to adhere to the established visitation schedule.

2. Refusing to communicate

When you are in the midst of a custody battle, it is easy to take your anger out on the other parent by not communicating properly about the welfare of your child. The judge will take your anger and frustration into account when deciding which parent should have custody.

3. Getting arrested

You may be arrested and charged with driving under the influence. You might also be arrested on suspicion of domestic violence if you and your ex get into a shouting match. Even if you are not convicted, the mere fact of your arrest provides a reason for the judge to award child custody to the other parent.

4. Venting on Facebook

A family law attorney will advise you to never vent your frustrations about your ex-spouse or the divorce on social media. Remember that your posts and pictures can be seen by anyone. If you come across as an intoxicated partier in the selfies you put up, or if you denigrate your ex in your posts, others will take notice, including the attorney for your former spouse and, possibly, the judge who will preside over your child custody case.

Mistakes are preventable

In all respects, you want to show the court that you are a reasonable, reliable person who can provide the best care for your child. Think about your actions. The good news is that avoiding serious mistakes during a child custody battle is easy to do.