Child custody is one of the most common points of contention during a California divorce case. It is understandable to be concerned about a court’s child custody decision, and to wonder how you can improve your odds of a positive result. Reach out to a child custody lawyer in Orange County for assistance.
During a custody case, avoid the following mistakes to protect your custodial rights as much as possible.
Badmouthing Your Ex-Spouse
While it may seem natural to want to complain about your ex-spouse, avoid it – especially in front of the kids. Badmouthing your ex while children are present could be viewed as an attempt at parental alienation, which describes one parent intentionally damaging the child’s relationship with the other by instilling negative feelings toward that parent.
Denying Communication With the Other Parent
The child custody courts want what is best for the child. Unless you have reason to believe that contact would be dangerous or harmful, denying your child contact or communication with your ex is a red flag when it comes to custody determinations. In general, the courts hold that continuing contact with both parents is what is in a child’s best interests.
Starting (or Engaging in) Fights
Displaying any type of aggressive or violent behavior – including getting involved in verbal fights, yelling matches or physical altercations – can signal to a custody court that you are volatile and could pose a risk to your child. Yelling or swearing at your ex-spouse in front of your children is a negative behavior that could hurt your case.
Posting on Social Media
Using social media as an outlet during your divorce or legal separation may seem harmless, but it could provide evidence against you. Your posts could be used to challenge your parenting capabilities. Photos of you drinking alcohol, for example, could portray you in a negative light.
Moving in With a New Partner
Avoid moving in with a new partner too soon after your breakup. Bringing someone new into your child’s life can serve as evidence that living with you would be unstable. If your new partner has a criminal record or history of violence, this could severely affect your case.
Failing to Pay Child Support
Always keep up with your court orders, including making any required child support payments in full and on time. Allowing your child support obligation to fall into arrears can serve as a mark against you. Ignoring other legal orders or procedures can also make you appear irresponsible.
Committing Crimes
A parent who gets arrested or convicted of crimes is one who cannot maintain a stable environment for a child. The courts will look at criminal behaviors and incarceration as reasons to deny child custody – especially if the crimes involve violence or substance abuse.
Taking Children on Trips Without Permission
Bringing your child out of town without notifying the other parent could hurt your custody case. It is important to establish that you are responsible and that you respect the wishes of your co-parent. Leaving with the kids without permission or notification could appear as an attempt at parental kidnapping.
Picking the Kids Up From School Without Notice
A similar rule applies to picking up your child from school or daycare without giving notice to the other parent. If you are not the primary custodian of the child, you should never be the one taking them home, unless you have a good reason or the other parent’s permission.
Failing to Demonstrate Parental Involvement
Leading up to a custody case is the best time to prove your dedication and involvement in your child’s life. The courts favor parents who are actively involved in their children’s lives, including school, extracurricular activities and health care decisions. Being an active participant can show your commitment to parenting responsibilities.
If you would like personalized advice for what to do during your individual custody case in Orange County, contact our Orange County family law attorneys at Boyd Law for a free consultation.
