Mistakes That Can Hinder Your Child Custody Case
When going through a divorce, it can be challenging to handle the worry and stress associated with the process. In many cases, the legal aspects of the case can become complex, which can exasperate the personal issues between the former couple. When a case involves young children, this can complicate the case even further.
If you are going through a divorce and have children, you should know that cases involving child custody are challenging, but there are actions you can commit outside of the legal process that can have serious ramifications. Moreover, certain actions can paint you in a negative light in family court, and this can place you in a significant disadvantage.
In order to give your case the best opportunity at having a favorable outcome, you will need to avoid making unnecessary mistakes. The following list are some of the worst mistakes you can commit when going through a child custody battle.
Mistake #1: Refusing to Compromise or Cooperate with Your Former Spouse
Even when there are strong negative feelings between you and your former spouse, it would be a big mistake to put these feelings above what is in the best interests of your child. A parent who refuses to reasonably communicate with the other parent may appear to family court judge that the uncooperative parent is not putting the child’s needs about the parent’s personal interest. Instead, the judge will likely believe that this parent is solely interested in hurting the other parent and/or engaging in negative gatekeeping.
Mistake #2: Withholding Visitation Rights
A parent places themselves in a bad light with the family court judge if the parent unilaterally interferes with the other parent’s visitation or prevents the other parent from seeing the child without a court order. Nonetheless, there are limited circumstances that can lead to the withholding of visitation rights without an order. Common examples include when the other parent poses a serious threat to the child’s safety, health and/or welfare, there is suspected physical abuse, or the other parent lives in unsanitary conditions that make it unsuitable to care for a minor. Consequently, under certain limited conditions, it may be possible to have the grounds necessary to refuse the other parent from seeing the minor.
Mistake #3: Constantly Fighting with the Other Parent or Bashing in Front of the Children
A parent’s main concern should stand with what is in the best interests of his or her children. Even when it is difficult to get along with the other parent, it is important to lessen negativity as much as possible. And it is important to consider the State of California’s policy on custody and visitation which is to ensure the frequent and continuing contact with both parents. By being a compassionate parent and facilitating contact with the child, there is an opportunity to show the judge why you are better equipped to look after the child’s best interests.
Mistake #4: Failing to Exercise Good Judgement on Social Media
For many parents, social media provides a seemingly private space where they can vent their frustrations and possibly receive support from loved ones. Unbeknownst to them, however, is that anything that is said online can become public, and this may ultimately come up in court. Even if your social media is sent to private, there may be a means by which to obtain certain things and information that are posted on social media even when set to private. Making derogatory remarks about the other parent, the court process, and posting questionable content is possible to have the judge form a negative opinion about the conduct of the parent making the remarks.
Mistake #5: Court Order Disobedience
Violating a child custody order or other orders from the court will have serious consequences. Even if you do not agree with the order, you may be able to change the agreement at a later date. Disobeying a court order, however, can affect your ability to later change the order. Further, violating a child custody order can result in a contempt order and orders that negatively effect custody and visitation for the violating parent.
Obtain the Legal Support of a Well-Versed Law Firm
The aforementioned factors are only a fraction of mistakes you should avoid when going through a child custody battle. Speak to a well-versed attorney who can look at your case and offer you legal counsel tailored to your specific needs.
The family law attorneys at the Knez Law Group, LLP have many years of dedicated experience helping parents through the most complex child custody cases. The firm understands that child custody battles are rarely an easy process. As a result, the firm works closely with parents to help them find solutions. When it comes to family law matters, consider contacting the attorneys at the Knez Law Group, LLP today.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.