Mistakes to avoid in your child custody case
Child custody is one of the most emotional aspects of a divorce action. If you’re already on difficult terms with your spouse, then determining who the children will spend the majority of their time with can escalate the hostility. Challenging as things may become, avoid making the mistakes below, as any one of them can have a negative effect on your bid for custody.
Don’t lose your temper with your spouse
No matter how provoked and frustrated you feel, resist the urge to raise your voice to your spouse, especially when the children are around. Not only does such aggressive behavior upset the kids, but it also makes you come across as unstable and emotionally volatile. Your spouse can claim to be afraid of you, an allegation that could result in supervised visitation instead of custody.
Don’t put your needs ahead of your kids
Nothing perturbs a judge more than a parent who shows evidence of putting their own needs about those of their children. If the kids are visiting with you but spending more time with the babysitter because you insist on working late or going out with friends, then it reflects poorly on your ability to be a primary caretaker.
Don’t badmouth your spouse to friends and family
You can take it for granted that anything you say about your spouse is going to get back to them, so refrain from criticizing them publicly, especially in front of the children. Otherwise, your spouse can accuse you of parental alienation, which is when one parent tries to harm a child’s relationship with the other. It’s a tactic that judges frown upon.
Don’t leave town with the children unless your spouse knows
While a spontaneous trip to a circus in another city sounds like fun for the kids, your spouse could allege that you kidnapped them instead. Your intentions may have been 100% sincere, but they could end up making you the subject of a restricted visitation order. If you want to travel with the kids, then let your spouse know about it ahead of time.
Don’t move in with a new partner
You may have become close to another person after filing for divorce, but wait until the divorce is finalized before moving in with them or vice-versa. It takes time for children to accept that their parents’ relationship is over, which is why judges tend to be against changing your living arrangements so suddenly. Do your children- and yourself- a favor and wait.
When you are seeking custody of your children in a difficult divorce action, a New York family law attorney can give the counsel and advice needed to make the best possible impression in court. They will also advocate for you and help you avoid the mistakes that could hurt your chances at having the maximum possible time with your children. At Eskin & Eskin, P.C., we are committed to our clients evidenced by our numerous referrals. If you are considering divorce, then contact our office for a free consultation. Call 718-402-5204 or visit www.EskinAndEskinLaw.com to learn more.
