Custody Action Mistakes to Avoid
Separation can be really hard, especially when kids are involved. The legal stuff can mix with personal issues, making things even tougher.
Even though child custody can bring strong emotions, your actions matter – for your child’s well-being and your relationship with them. If you end up in court, acting out of anger or making bad choices can make you look bad and hurt your case.
Here are eleven important things to avoid when you are involved in a custody action:
1. Not Cooperating or Compromising with the Other Parent
Even if you have strong negative feelings about your ex, putting those feelings above your kids’ needs is a big mistake. Not talking reasonably can make the judge think you care more about hurting the other parent than being a good role model for your child.
Try to keep an open dialogue. If it’s hard, a therapist or counselor might help. You can also get a family lawyer to handle communication and advise when to compromise or stand firm.
2. Not Knowing Your State Laws
Child custody laws can be really complex. Every state has its own rules about divorce, custody, and child support. Knowing your local laws is key.
For example, in North Carolina, you must live apart for a year before filing for divorce, but you do not have to wait to file for custody. If you and your spouse cannot agree, filing for custody soon is a good idea. [1]
Do not rely on advice from friends and family. Talk to a local family lawyer to avoid mistakes in your divorce and custody proceedings.
3. Withholding Visitation Without a Good Reason
Courts do not like it when a parent tries to cut off the other parent from seeing their child without a court order. Sometimes, you might need to act if there is a danger to your child, like abuse or unsafe living conditions.
However, these situations should be real and immediate threats. Stopping visitation for other reasons, like missed child support, can make things complicated and put you in contempt of court. Always consult an attorney for emergencies with court orders.
4. Neglecting Time With Your Child
If you have temporary custody or are waiting for your custody agreement, make the most of it. Spend quality time with your child and show you care.
Parents who let the TV babysit or drop kids off with another caretaker are not showing active involvement. Neglecting your child’s well-being would not help you with the judge.’
5. Fighting or Badmouthing the Other Parent in Front of Your Children
Your children’s welfare should be your main concern. Do not drag them into negativity between you and the other parent. Some people might be bad spouses but still good parents.
Take the high road and be compassionate. If the other parent doesn’t, it might help your case. Judges take parental alienation seriously, and even small negative comments can harm children.
6. Poor Judgment on Social Media
Social media can seem private, but it is not. Anything you post can be used in court. Negative posts about your behavior or the other parent can hurt your case. This includes:
- Photos of you using alcohol or drugs
- Lies or abusive comments
- Disparaging comments about the other parent
- Private info shared about your child or ex
- Photos showing you violating court orders
Only post things you are okay with being shown in court. Do not delete posts that might be evidence; talk to your attorney about them.
7. Going Against a Court Order
Ignoring court orders can show disrespect and get you in trouble. This would not help your case.
If you have a temporary custody order, follow it strictly. Changing it can be tough, and you must adhere to the court’s arrangement.
8. Not Keeping Records of Problems
If the other parent behaves badly, you need to document it for the court. Use exact dates and details.
Keep a journal for your case. Note down every interaction, including positive ones. Take photos and note witnesses for family court.
9. Moving in With an Untrustworthy Partner
Courts do not deny custody just because you have a new partner. A stable relationship can help your case.
However, if your new partner has issues like a criminal record or drug problems, it can hurt your custody claim. Judges value stability for children, so avoid disrupting their routine with new relationships.
10. Relocation
Moving with your children while your divorce is ongoing can be a big mistake and can lead to negative consequences. For instance, according to Florida Statute Section 61.13001, a parent is not allowed to move more than 50 miles with their kids without a court order or the other parent’s permission. This rule kicks in as soon as one parent files for divorce in Florida. [2]
11. Not Hiring an Attorney
Child custody cases are complex. Missing details can hurt your relationship with your child.
Hire an experienced family law attorney to represent you. They can handle filings, dates, and requirements and present your case clearly to the judge.
If you want to file for custody in Jacksonville, Sacks & Sacks are your best option. Call for a child custody consult today.
FAQs
Q. What should I avoid doing during a custody battle?
Stay away from making decisions based on anger instead of your child’s best interest. Actions driven by negativity can hurt your case and your bond with your child.
Q. Why is it important to cooperate with the other parent?
Being open to talking and finding common ground is very important. It shows the court that your child’s needs come first, not personal disputes.
Q. How can I learn about my state’s custody laws?
Custody laws differ by state. Talk to a local family lawyer to learn the specific laws in your state instead of relying on advice from friends or family.
Q. Is it okay to withhold visitation from the other parent?
Only withhold visitation if there is an immediate danger to your child. Acting without a good reason can harm your case. Always check with an attorney first.
Q. Why is spending time with my child important during custody proceedings?
Spending time with your child shows your commitment to their well-being. Courts look favorably on parents who are active in their children’s lives.
Q. How can fighting or badmouthing the other parent affect my case?
Speaking badly about the other parent or fighting with them can negatively impact your case. Courts take the child’s emotional health seriously.
Q. What should I be careful about on social media during a custody case?
Be cautious about what you post online. Anything shared can be used in court. Avoid sharing negative or private details that could harm your case.
Q. What happens if I disobey a court order?
Ignoring court orders can lead to serious repercussions. Always follow temporary custody arrangements and seek legal advice if changes are necessary.
Q. Why should I keep records of interactions with the other parent?
Keeping detailed records of all interactions can be very helpful in court. These records provide important evidence that can support your case.
Q. Can moving in with a new partner affect my custody claim?
Moving in with a new partner is not always bad, but their past can matter. If your new partner has a troubling history, it could hurt your custody case.
Q. Is relocating with my child during a divorce a bad idea?
Moving with your child without a court’s permission or the other parent’s consent can complicate your custody case. Follow legal steps to avoid problems.
Q. Why is hiring an attorney important in a custody case?
Custody cases are complicated, and a skilled family lawyer can ensure you meet all legal requirements. They can also effectively present your case to the judge.
Sources:
[1] Separation and Divorce. (n.d.). North Carolina Judicial Branch. https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
[2] Florida Statutes Title VI. Civil Practice and Procedure § 61.13001. Parental relocation with a child. (n.d.). Find Law. Retrieved August 2, 2024, from https://codes.findlaw.com/fl/title-vi-civil-practice-and-procedure/fl-st-sect-61-13001/
