custody battle

Compiled past Cordell & Cordell Divorce Attorneys For Men

The divorce process is commonly very difficult and trying for anyone experiencing it. It is particularly hard if your divorce involves a child custody battle.

These hard times often cause a person to deed or react irrationally and in ways that detrimentally affect his or her example.

You should exist enlightened prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and ever behave accordingly.

Below are some of the factors judges consider when making a child custody decision along with the ten near mutual mistakes made past men during custody battles. This should provide a checklist of what not to du during a custody battle.

Best Interest Of The Child Standard

To decide how not to behave during your custody battle, it is helpful to review the criteria used by the judge ("court") to determine appropriate placement of the children. The court is charged with the responsibleness of evaluating the situation to determine what placement and parenting time is in the child's best interest.

Some of the considerations include merely are not express to:

a) The length of fourth dimension that the child has been under the actual care and command of whatsoever person other than a parent and the circumstances relevant thereto;

b) the desires of the parents as to residence-agreements reached past the parents and submitted to the court are unremarkably presumed to be in the kid's best interest;

c) the interaction and interrelationship of the child with parents, siblings, and whatever other person who may significantly affect the child'south all-time interests;

d) the child'southward aligning to the his or her home, schoolhouse, and customs;

e) the willingness and ability of each parent to respect and appreciate the bail between the child and the other parent and to allow for a continuing relationship betwixt the child and the other parent;

f) any evidence or allegation of spousal abuse;

g) any evidence or allegation of kid abuse on this or any other kid;

h) whether either parent is required to annals as a sex offender;

i) whether a parent is residing with a person who is required to register as a sex offender;

j) whether a parent has been bedevilled of abuse of a child;

k) whether a parent is residing with a person who has been convicted of abuse of a child

Watch Your Behavior

Whether y'all are fighting to be the master residential parent or for weekend visits with your children, the evaluation process by the court volition comprehend all of your beliefs.

In detail, look your children's mother to point out all negative behavior during your custody boxing. If you comport as though the judge were standing next to yous each time you collaborate with the children or their mother, yous volition certainly avoid the pitfalls that volition reduce your custody chances.

In reviewing the following list of what not to exercise during a custody battle, proceed in heed the fact that children are wonderful mimics. You should expect your children to tell their mother everything you tell them. Knowing this, you should be aware of things said to the children or around the children that relate to their female parent.

Conversations As Prove

You should also anticipate your children'south mother hiding a tape recorder on or about her person when you collaborate. Recorded telephone conversations are common during divorce proceedings. In such cases, words spoken out of acrimony and frustration quickly become the rope that hangs the speaker.

Technically, such recordings should not be permissible, only some courts will hear them for the purpose of evaluating a parent'south intentions and mental state. Do not be caught on record maxim things you would not say with the estimate present.

It should go without saying that any email or text message correspondence can be easily handed to the judge for review so fits within the same admonition. The admission of such written lapses in judgment is much easier since yous conspicuously knew information technology was documented at the time.

Cordell & Cordell understands the concerns men face during divorce.

This list is not exhaustive but includes some of the nigh common mistakes fabricated past men during child custody battles. As an attorney, making certain clients avoid these missteps is vital in figuring out how to win child custody for fathers. It is often an uphill climb due to the court's bias against dads, just avoiding self-inflicted mistakes is crucial.

1. Alienation of amore

Children thrive best in a two-parent household whenever possible. If a parent makes it a habit to put downwards the other parent, the children feel torn and forced to choose i parent over the other.

This is very frustrating and disruptive for the children. Judges are quite familiar with the impairment this behavior can cause and are extremely intolerant when this behavior occurs.

The two most mutual forms of alienation of affection that go dads into trouble are: criticizing mom around the kids and keeping the children from mom in any way. This behavior can lead to parental breach, which can have very harmful furnishings on children.

On the other hand, when the mother keeps the child from the father, parental alienation tin can occur, and that has serious ramifications.

two. Yell at wife and/or children

Every bit covered in a higher place, assume all conversations are being recorded. When you yell at your wife or your children it ofttimes gives the appearance that you lot are being calumniating or bullying them.

Men are in a distinct position in this guild where they are presumed to exist dominating and more than powerful than women (and of course children). That being the example, women are in a position to merits they are afraid of their husband or the begetter of their children. Whether their fear is authentic or not, the court takes such allegations very seriously.

Practise non give her any ammunition for the court. A record recording of a telephone conversation or an in-person statement will announced to the court to demonstrate you losing control and possibly becoming unsafe.

No matter how hard it becomes, fight the urge to yell at your wife or your children. If that becomes a general rule y'all volition not need to worry most such beliefs impeding y'all in court.

common divorce mistakes 3. Have a physical confrontation with wife and/or children

Making physical contact with some other person in a harmful or offensive manner is a crime. Some states telephone call that law-breaking "bombardment" others refer to it as "assault." Whatever the term, it is criminal.

You cannot very well care for your children from jail. No matter how upset you become during these proceedings, yous must non make physical contact with your wife or children when you are angry.

If this is something that has occurred in the by, you lot demand to admit that you are susceptible to such beliefs and leave the area when you become upset. It is much amend to walk away from an argument and so to exist in a position where y'all take little or no fourth dimension with your children or such time is supervised by a stranger.

There are many women who are abusive toward their husbands. It is no less a crime for a adult female to be physically calumniating toward yous or your children. If you experience such a situation is going to occur, you should attempt to leave the area. If y'all experience the children are in danger, you obviously would not leave them alone with her at that fourth dimension.

If she hits, pushes, punches, or otherwise makes contact with you in an offensive way while she is angry, you need to telephone call the police. Such behavior should be reported. The police force will treat her the aforementioned way they would have treated you and she volition get to jail. Legislation related to domestic violence has increased over the years and constabulary enforcement no longer treats it as a family dispute.

Judges accept these matters very seriously too because physical violence between parents is very confusing and upsetting to children. Studies have shown that children who witness domestic violence from an early age suffer developmental challenges likewise as life-long emotional issues.

4. Move in with a significant other

Divorce is a difficult time for children. Information technology is hard for them to grasp the idea that their parents' love for each other tin can simply end. Things are fifty-fifty more difficult when it becomes clear that the love transferred to a person that is not the child's mother.

Courts are reluctant to expose children to such truths. Judges practise non appreciate children being exposed to significant others while a divorce is proceeding.

Moreover, children are unlikely to be comfy around the new woman and may refuse to stay overnight or even visit your home if she is there. That will certainly prevent y'all from having a healthy relationship with your children.

The time will come when y'all are ready to beginning dating again after divorce, but until the divorce is final – and even for a while subsequently – do not betrayal the children to a new woman.

5. Criticize mother to friends, family, example worker, or guardian ad litem

Go along in mind that your friends now are likely friends that were shared by both parties at one time. Yous should expect friends to still talk to both parties. Presume comments y'all brand will get back to your wife.

If a instance worker or guardian advertisement litem is assigned to your case, be aware that they are looking intently for signs of alienation of affection. Do not allow them see information technology coming from y'all. Focus on the good human relationship you have with your children and how well you communicate. Do not waste material time criticizing their mother. That is easily misinterpreted as alienation of amore.

Caveat: if the children's female parent is involved in illegal drug use or otherwise engaging in behavior that is unsafe to the children, this should be brought to the attention of the example worker or guardian advertizing litem and closely investigated. Be certain you accept some form of unbiased evidence earlier making such allegations or you over again run into the problem of appearing to be trying to alienate the children from their mother.

6. Fail to pay child support

If the courtroom enters an order of back up and you choose to ignore information technology, that is considered contempt of court. If the judge makes a finding that you are in contempt, you may be fined or even jailed for such behavior.

Equally a full general rule, judges feel that paying child support is more of import then any other financial obligations. Failure to pay kid support appears to the court as a lack of respect for the court and lack of business concern for your children.

Obviously it costs money to heighten children. Child support amounts are set using several variables to make up one's mind what it will take for the child to continue to survive as the kid had prior to the breakup. You may rent an experienced men'southward divorce attorney to fight the support amounts ordered if you have good cause, simply until the courtroom orders otherwise, you lot are responsible for paying kid support as ordered.

If ordered to pay your wife directly, always do this by check and save the receipts from the bank showing these checks cleared. It is critical that you can trace your kid back up payments in case your wife later denies receiving cash payments.

vii. Impairment property belonging to mom or her family

Property damage is oft a sign of assailment that is building upwardly in a person. Not only volition the court make you lot pay to supercede whatever damaged property, the court may likewise encounter you as a threat to your children due to such behavior.

eight. Deny telephone contact with mom when the children are with you

This relates back to the earlier topic on breach of amore but may non always be as obvious. Even if you take limited time with a child such as a couple hours a week, y'all must allow that kid to call mom when requested.

In add-on, if she calls to bank check on the child, you need to be polite and permit her to talk to the child unless that would cause disruption or the child is sleeping. Go along in listen that such calls from mom must be reasonable.

Children should feel gratis to communicate with either parent at any fourth dimension. If your wife denies you contact with your children when y'all call, be certain to go on a journal of the dates and times so the court may accost it if information technology becomes a trouble. You should expect your wife is keeping a similar periodical.

ix. Take kids out of the surface area without alarm mom in advance

If yous have a family unit vacation or reunion planned exterior the metropolitan surface area in which you alive, be certain that y'all have notified their mother before you take the children. Many parents reach agreement about holiday times with the children so that each parent has an opportunity to spend a week or two out of boondocks with the kids.

If you lot go out the expanse without notifying your wife, it may appear you are attempting to kidnap the children. That could result in her obtaining emergency orders restricting or terminating your parenting time or custody. If at all possible, endeavour to notify her in writing two weeks in accelerate so at that place will be no defoliation when the fourth dimension comes.

ten. Remove children from schoolhouse or daycare without find to mom

Temporary orders will usually designate parenting fourth dimension but rarely includes the time when the kid is at school or in daycare. If the schoolhouse allows you to visit the children over dejeuner or other times, yous should freely do so equally long as information technology is not a distraction.

You lot should never remove the children from school or daycare if you are non the master custodian. Fifty-fifty if you are the primary custodian, the children should remain in school or daycare unless you have a proficient reason to remove them.

Expect your wife to bring the estimate a printout from the schoolhouse that volition bear witness tardies and absences while the children are in your intendance. If you are non principal custodian, removal from school or daycare may appear that you lot are kidnapping the children and could event in serious restriction or total termination of your parenting time.

As experienced divorce litigators, we know how to win child custody for fathers, simply in that location are never whatever guarantees. We besides know what not to do during a custody battle and fugitive the above mistakes can at least keep you in the fight.

Ane of the most important steps yous can take to assist yourself in whatever child custody dispute is hiring a divorce lawyer to help with your case. Family law attorneys who focus on men'southward divorce and fathers' rights, such as the lawyers of Cordell & Cordell, have a unique agreement of the challenges dads face throughout the process and can help position you for success in your child custody battle.

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