Common Child Custody Mistakes to Avoid

Child custody battles can be emotionally overwhelming, time-consuming, and costly. The last thing you want to do is undermine your case by making a mistake.

For many parents, their custody case is the most important aspect of their entire divorce, outweighing alimony or split of their property and assets. It’s imperative to understand the things to do, as well as the things not to do, in your situation in order to obtain the most favorable outcome possible.

The following are common child custody mistakes to avoid:

• Putting yourself first. While it may be difficult to hear, but since your children are innocent in this dispute, you should avoid prioritizing your needs above theirs. The family law judge makes custody decisions based on the child’s best interests. One of the most important things you can do is be willing to work with your spouse and understand the need to relinquish some of your control of your kids. Since the court will attempt to let the children establish “frequent and continuous” contact with both parents, a parent who fosters that type of relationship will likely gain the favor of a judge.
• Forget to pay child support. If you have been ordered to pay child support, it is critical not to miss a payment. If you experience a financial issue that prevents you from paying, such as losing your job, file a motion with the court right away to bring it to the judge’s attention. The court can modify an order that suits your needs. If you fail to pay support without court approval, your spouse may go to court to limit your custody visitation rights.
• Blow off your time with your child. When it is your time to be with your kids, do not do something else instead. When it is your day or your weekend, pick them up or drop them off upon a time the agreed time. Do not be late. Your spouse might keep track of your tardiness and bring it up to the court in an effort make you appear like a neglectful parent. Do not make it a habit to reschedule time with them either.
• Leave the marital home. Although this piece of advice is not right for every situation, you should do your best to stay in the marital home. If you leave the house without taking the children, the court may look at your decision to leave as a sign that the other party is the real custodial parent, that you are abandoning your kids, or that you are unstable and prone to flaking. If your ex-spouse is abusive, you should seek a protective order to have them removed from the marital home.
• Take your children with your spouse’s consent. The court wants to make sure that you respect the other parent (and the court itself). When you take your kids away without telling the other party—even if it’s just for a few hours—it could be viewed as a sign of disrespect to your ex-spouse or the court. Taking away your children from the other parent might even result in your arrest.
• Disrespect the court. There are some parents who respect the court, while there are others who could care less what their judge thinks of them. No matter how much you may disagree with the court’s orders, always comply. If you disobey the court’s orders, the judge may hold you in contempt.
• Allow your emotions to influence your decisions. Allowing your emotions to run amuck can cause you to make decisions that you normally wouldn’t make. Any bad decisions or actions that show poor judgment or emotional instability can be used against you in a child custody case. So when facing a custody dispute, you need to keep a clear head.

For more information, contact our Fort Worth divorce attorney at Jerry Loftin & Associates today.