Emotions are high when going through a custody battle. Because of this, it can be too easy to make mistakes that may harm the case. Knowing the common mistakes child custody attorneys in Houston see people make can help you avoid making them, too.
7 Common Mistakes Parents Make in Child Custody Cases According to Child Custody Attorneys in Houston
1. Getting the Kids Involved
When you’re in the middle of a custody case, your children should never be used to send messages to the other parent, and you shouldn’t speak ill of the other parent in front of the children. Children should also never be asked to take sides during conflicts that arise during the custody battle. This is an emotional time for the children, too, so they should be kept out of the case as much as possible to protect their emotional well-being.
2. Not Getting a Lawyer ASAP
You should always seek the help of a lawyer as early as possible in a divorce and custody case. Visit this page to learn about the importance of hiring an attorney for your divorce. All decisions regarding your children are legally relevant right from the beginning, even if you’re just separated and haven’t yet filed for divorce. With a lawyer by your side, you can get legal advice every step of the way, which will be invaluable to you and your family.
3. Acting Emotionally
The court uses your children’s best interests when making decisions during a custody case, and both parents should keep that in mind at all times. Disliking or distrusting the other parent can influence some of the decisions you make, even if those decisions aren’t in the best interests of your child.
Anger at the other parent can also influence how you act, leading you to vent or lose your temper in situations where you need to have a level head. Work hard to always put your children’s best interests first, even when it’s difficult. Acting emotionally may be used against you during your case.
4. Not Keeping Great Records
Keeping records of everything that goes on during a custody case is essential. Keep copies of all texts, emails, and notes exchanged between you and your former spouse. Aim to communicate in writing as much as possible.
Keeping records of your involvement in your children’s lives is also key, as showing that you’re an involved and responsible parent can work in your favor during the custody case. Have records showing you’ve been providing for your child’s needs throughout the case. Consider keeping a journal to document everything that goes on during the custody battle.
5. Failing to Respect Court Orders
Court orders must always be respected; otherwise you’ll be in contempt of court. This ties into acting emotionally. Some parents may be tempted to withhold visitation from the other parent for personal reasons, even if withholding visitation violates court orders.
Putting emotions aside and following court orders is essential. Failing to respect court orders can harm your credibility and result in legal consequences. If you have reason to believe that something in the court orders isn’t in the best interests of your child, then contact your attorney to discuss it.
6. Not Gathering All the Evidence
You’ll need evidence to demonstrate why you’re seeking the custody arrangement that you’re seeking. For instance, if you’re looking for sole custody of your child, then you’ll need to demonstrate that this is within your child’s best interests. Provide your attorney with as much evidence as possible so they can argue your case as effectively as possible.
If you have witnesses who can testify that the other parent is irresponsible or has a history of neglect, then give your attorney their contact information. If you have photographs or videos showing why your ex is an unfit parent, or why you’re the more responsible party, then make sure your attorney sees them. Your attorney should always know all the facts of your case so they can help you to the best of their ability.
7. Disregarding All Your Options
Sometimes litigation is unavoidable, but some people may benefit from mediation instead. Avoiding a courtroom battle may reduce the emotional toll on both you and the other parent. With mediation, both parents and both lawyers sit down with a neutral third party who mediates discussions, helps settle disputes, and makes relevant suggestions. It may also be beneficial to consider arbitration if mediation won’t work and you’d like to avoid going to court.
Keeping your child’s best interests in mind, keeping the kids out of conflicts, and keeping records throughout the case are all important when aiming to get the best outcome possible for your family. Always listen to your attorney’s advice, and help them build your case while avoiding the mistakes above.
