Common Mistakes You Should Try To Avoid During A Custody Battle

30 September 2015
 Categories: Law, Blog


If you are going through a custody battle with your ex-spouse, this can be an upsetting experience. It is important to keep perspective and work with your child custody lawyer to make sure you are making the best decisions for you and your children. Here are four common child custody mistakes and how to avoid them.

1. Not Getting Custody Right the First Time

It can be really hard to change a custody agreement once it is signed off by the courts. Getting a divorce and working through custody issues can be stressful, but don't agree to something that doesn't work well with your life or schedule. This can make it that much harder to have access to your kids, and can be difficult to adjust this down the road. Get custody agreements right the first time around so that you aren't trying to change this in a few months.

2. Not Backing Up Claims

If you think that your ex-spouse isn't fit to parent, your opinion won't hold much weight on its own. Having real facts that showcase this claim is important. You won't gain primary custody unless there is solid evidence that warrants it. If you truly believe that your ex-spouse might be unstable or their home may an unsafe environment for your children, you need to be able to prove this in court.

3. Escalating to Court Might Not Get Results

Courts are there to calmly review all options for custody; the outcome you are hoping for might not be what the judge sees as the best final decision. If there is a custody settlement offer on the table that isn't everything you wanted but might be workable, the offer might be better than opting to go to court. Go over all options with your child custody lawyer as a judge might opt for an outcome that is less desirable than an initial offer.

4. Melding Marital Issues and Parenting

Just because your spouse might have been lousy to you doesn't meant that they are a bad parent. Bringing claims to court such as your ex-spouse has a new girlfriend already or likes to go out for beers aren't going to prove anything about parenting skills. You might think that proving your ex was a bad spouse is ammunition for showing they aren't a fit parent, but this isn't always the case.

Trying to come to an agreement that works for everyone and is the least disruptive to your child's life is important. Don't put kids in the middle of a custody battle if you can help it. Work out agreements calmly through the courts and take your child custody lawyer's advice when it comes to accepting settlement offers that might be workable. For more information, talk to a lawyer like Law Offices of Gordon Liebmann.