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Mistakes to Avoid During Your Custody Case


As parents, one of the most important parts of your divorce is how you will divide custody of your children. If you and your spouse are unable to come to terms on this on your own, you have to approach the court to help with the process.

Judges take this responsibility very seriously, and any issue you have can sway the decision against you. If you make any mistake, that could potentially impact when you can see or have custody of your kids. Here are some examples of mistakes to avoid while you go through the custody process.

Getting Arrested

If you are arrested during the process of your divorce and custody case, it can have a negative impact on your custody ruling. This is particularly problematic if your arrest is violent or abusive in nature. The judge will have to carefully evaluate your ability to properly care for your children based on your behavior and the reason for your arrest.

In addition, your spouse’s attorney can use your arrest as a reason why you should not have custody of your children. Your spouse's attorney may argue that your temperament is not suitable to raise your children or even have them in your custody.

Disobeying Court Orders

Throughout the divorce, a judge may issue a variety of temporary court orders. This is normal during the divorce process, particularly when it comes to custody. For instance, a temporary order may be in place for your custody arrangements until the judge decides the final custody order.

A temporary order may state where you can take your children, when you can see your children or pick them up, and the like. If you disobey any orders from the court, the judge can use that information when making a final custody decision.

Fighting With Your Spouse

At no point during your divorce and custody process should you fight with your spouse in any way. This includes speaking disparagingly about your spouse online or on social media. Bad feelings against your spouse are not abnormal in a divorce situation, but you need to remain calm no matter what your spouse may say about you.

Any outbursts or violent language against your spouse can hurt you in the long run when it comes to your custody. Although difficult, you must remain calm, particularly if you and your spouse have a challenging relationship.

Failing to Pay Your Child Support

In some cases, a judge may order one of you to pay child support at least temporarily while the judge determines the final outcome of your custody case. You may have even made an agreement with your spouse to make payments for your children's needs until the court determines the final custody and child support orders.

If you fail to make these payments, no matter who orders them, you could potentially have problems with your custody case. A judge may decide you are irresponsible or unwilling to pay your commitments once the court determines the custody of your children.

Your spouse can also make the argument that since you are not reliable with payments, you are unreliable in other areas of your custody situation.

In general, you should remain on your best behavior during your divorce and custody trials. You should continue to remain calm even after your custody is decided by the court. Your spouse can always take you back to court if you suddenly behave poorly or in a way that could hurt your children.

If you have any questions about divorce or custody, please contact us at the Kalasnik Law Office. We are happy to assist you through this important time in your life.

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