How Your Actions During The Divorce Process Can Hurt Your Chances For Custody

Law Blog

If you are going through a divorce and are involved in a custody battle, your actions today can make a difference. Remember that every move you make up until the hearing might be tracked and can put your chances of custody in jeopardy. Here are five common mistakes that can hurt your chances of custody during the divorce process.

1. Losing Your Cool in Front of Your Ex

If you are having ongoing conflicts with your ex up to the hearing, you need to make sure that you keep your cool during these conversations. If there are strained interactions when dropping off kids, try your best to stay calm. If an argument blows up, this can be used against you in court to show that you are an aggressive person. You never know who might be watching or recording arguments.

2. Talking Badly About Your Ex

It can be hard to know who is on your side during a divorce. If you have married friends in common, this can get even trickier. Blowing off steam and criticizing your ex to a friend or family member can come back to haunt you, especially if this is done over email or text.

3. Not Holding up Your End of Visitations

Try your best to follow the parameters of current visitation. Don't cancel visits, don't be late, and don't keep the kids longer than what was agreed upon. Up until a custody court hearing, you need to try your best to keep things above board and amicable with your ex. Don't give the judge any reason to think that you are manipulative or flaky.

4. Moving in with Your New Partner

Sending the message that you have moved on and aren't focusing on your divorce can make a judge question your decisions. This might be grounds to limit or lower your custody arrangement as an awkward living situation might not be looked at as the best situation for your children.

5. Having an Outburst in Court

If your ex-spouse is vindictive in court, you need to try your best not to stoop to their level. Keep your cool and stick to the truth. Go over possible scenarios with your lawyer so that you aren't caught off-guard.

If your spouse is trying to gain full custody of your children, there is a chance that they will try to poke holes in your case for joint or full custody. Your ex-spouse might keep a record of anything that you do that could show that you are a bad parent. Be sure to work with your family law attorney every step of the way so that they can help you gain custody.


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File Chapter 7, and Keep Your Home

Many people assume that when they file Chapter 7 bankruptcy, they will have to give up their homes and other property. This is not necessarily the case. I am a bankruptcy attorney, and I have helped many clients file for Chapter 7 bankruptcy without giving up homes, cars, and other property. When you file for bankruptcy, the property you are allowed to keep depends on your individual circumstances and the state where you live. Most states allow exemption for property you are currently paying for. This blog will guide you through that information and help you determine if filing Chapter 7 bankruptcy is the right choice for you.