Three Emotion Based Mistakes To Avoid During A Child Custody Case

Law Blog

Child custody is often a topic that brings about high levels of emotion. Not just for the children involved, but also for the parents. Don't let your emotions lead you. When you react in this way you open the door to a number of costly legal mistakes that will only hurt you in the end.

Don't Withhold Child Support

It's not uncommon for couples to establish an interim support schedule while the details of the custody agreement are being determined. Don't try to withhold support during this period as a way to influence the case.

For example, if you want visitation every weekend, but the other parent disagrees, don't stop making payments in order to force the other parent to agree to your terms. When you make this mistake you only hurt yourself. Not only does this put you in legal violation of any existing orders, but the judge could use this type of negative behavior against you when a decision is passed down.

Don't Bad Mouth The Other Parent

Custody rulings are very involved. A review of your personal and financial background and the needs and wants of the child are often highlights of the process. However, many cases also include a child interview to capture their perspective. If you've been bad mouthing the other parent and it's revealed during this process, this can spell trouble.

This mistake, legally known as parental alienation, is strictly prohibited because of the psychological effects it can have on a child. Engaging in this type of behavior only lowers the likelihood of a successful decision on your part. As juvenile as it might be, if you don't have anything nice to say, don't say anything at all.

Don't Move Out

If you and the other parent are living together through the divorce and custody battle, try not to move away from the family home. Although your intention might be to ease tensions and create a more harmonious situation, the court doesn't always look at a move in this manner.

Take someone who wants full custody of their children because they claim the other parent is negligent, for example. If the first parent moves from the home, but leaves the children behind, it's easy to argue that the other parent might not be so bad after all if the first one left. Unless there is abuse, it's best to remain in the home.

Don't let your emotions ruin your case. Speak with an attorney for proper guidance with your case. For more information, visit websites like


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File Chapter 7, and Keep Your Home

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