Are you going through a divorce and wish to retain custody of your child but your spouse is fighting it? If so, you'll likely need to go through a custody battle in court for a judge to decide who should have physical custody of the child. Here are some common mistakes people make that end up costing them custody.
Not Offering Parenting Time
The judge is going to look at your behavior from before and during the divorce process to make a decision on what kind of parent you will be. A common mistake that people make when the divorce process begins is not offering parenting time to their spouse and using the divorce as an opportunity to withhold the kids. Unless you fear that your children will be in danger if they are with your spouse and are able to prove it, this behavior is going to look bad to a judge.
One of the things that a judge is looking for is which parent is going to foster a family relationship, even though both parents are divorced. If the parent with physical custody is already showing that they are less willing to allow the other parent to spend time with their kids, then this behavior will only continue after the divorce is official. The judge may decide to give custody to the other parent because of this.
Not Being An Active Part Of Your Child's Life
Another aspect that a judge looks at is how active a parent is in their child's life before and after the divorce. Were they doing the bare minimum of what is required as a parent, or were they actively involved? It can be hard to change the past, but it makes a big impact on a custody decision.
For example, were you the parent that was taking your child to doctor appointments, attending school outings, going to games, and helping with homework at night? By demonstrating this behavior before the divorce is final, you'll show that you'll continue this behavior after receiving custody.
Not Speaking Well About The Other Parent
It's easy to be angry about a divorce, but you shouldn't be bad-mouthing your child's father or mother in front of them. A judge may interview your child as part of the custody battle and will ask questions about what each parent says about the other one. A history of bad-mouthing the other parent could be a deciding factor in custody since living with the negative parent is going to hurt the relationship that the child has with the parent that is not around.
To learn more, contact a child custody attorney.Share
18 September 2020
When I began the divorce process, I knew that I wanted to change my name back to my maiden name. I no longer wanted to be associated with the family name of the man that I was divorcing. The problem was, I have three kids that all had their father's name. I wanted to know if I would be able to change their last names to my maiden name rather than having them carry that family's name for the rest of their lives. I found out a lot about what it would take and began working to create this blog to help other women wanting to do the same thing.