What Can Be Used Against You in a Custody Battle?
Child custody is one of the most emotional aspects of a divorce involving children. Most parents want to have custody of their children, and this can lead to a battle with the other parent.
The courts are usually the ones to come up with a parenting schedule. What judges look for when deciding child custody varies somewhat, but one thing is for sure: they are looking for the best interests of the children. In general, judges want to see that a parent has:
- A safe and stable home environment.
- Financial security.
- Experience taking care of the child.
- The availability to care for the child.
What you say or do in court can be used against you in a custody battle. So if you have been called to court, you want to know the right things to say and do. Here’s a look at some things you should avoid, as they can negatively impact your case.
Lying
You need to always tell the truth in court. Telling lies — even seemingly minor ones — ruins your credibility. Lying can even cause you to lose custody of your kids, so be honest.
Disrespecting the Other Parent
Judges want to see parents encouraging a relationship between the child and the other parent. If they see that they are insulting, badmouthing, or otherwise disrespecting the other parent, this can impact your custody case. You should avoid making negative comments about your ex to anyone, as this could be revealed during witness testimony. Be cordial and pleasant, even if there is still some residual anger from the divorce.
Abuse of Alcohol or Drugs
Substance abuse is a huge negative against a parent in a custody battle. When you’re under the influence, you can’t be a responsible parent. Your child needs you to look out for and care for them. There is concern that you could drive or engage in other dangerous behavior while under the influence. Abusing alcohol or drugs shows you are not fit to parent.
Abuse or Neglect
A judge will want to see that the child is well cared for. Any history of domestic violence or child abuse will be a significant factor against a parent. The same goes for neglect. Failure to provide for a child’s basic needs (such as food, shelter, or clothing) can be used as evidence of neglect, which can harm a parent’s chances of getting custody.
Criminal Record
While minor crimes and citations will have little effect on child custody, a parent who has a criminal record for committing felonies or violent crimes, especially ones involving children, may be denied custody.
Contact Us Today
When preparing for a custody battle, you need to know what to do and what not to do. Your actions can harm your case.
If obtaining custody of your child is a top priority, contact a Cherry Hill family law attorney from Fiore Law. Working with the right attorney can give you the best chance of preserving a strong relationship with your children. Schedule a consultation today. Contact us via (856) 214-8964 or online here.