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Common Mistakes Made When In A Custody Battle

Posted by Unknown | Oct 23, 2020 | 0 Comments

common mistakes made when in a custody battle

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A custody battle can be both emotionally and legally taxing. Avoiding common mistakes will help ease this challenging process, so we will cover what to expect in child custody proceedings as well as 10 mistakes to avoid in this article. Furthermore, we'll discuss the length of custody battles as well as why hiring an attorney is crucial.


What can you expect during child custody proceedings?

Know what to expect if you are involved in a custody dispute. It isn't just legal, this can be very personal and emotional as well. Here is what to anticipate:

  • Emotional Rollercoaster: Child custody battles can be emotionally draining. Expect both highs and lows along the journey, but stay centered by remembering what's best.
  • Legal Complications: The custody process can be an intricate web of paperwork, court appearances, and negotiations that require familiarizing oneself with legal processes as well as seeking professional legal advice. To successfully navigate it you should become well-informed or seek professional legal advice to guide the way.


10 Mistakes to Avoid During Your Child Custody Battle

Finding yourself involved in a custody dispute can be challenging and mistakes often make their way unknowingly into proceedings, potentially hurting their case and damaging both parties involved. Here are ten common pitfalls you should watch out for:

  1. Lack of Preparation: Failing to collect necessary documents such as financial or character references could significantly weaken your case. Create a detailed dossier in support of your claim.
  2. Avoid Ignoring Your Child's Best Interests: Courts place great weight on protecting children. Make sure that all actions and requests you make for the benefit of the child rather than for yourself.
  3. Badmouthing the Other Parent: Negative comments about your ex could damage your credibility as an adult. Always treat your children with kindness, and make sure your conversations maintain an appropriate tone.
  4. Not Complying with Court Orders: Do not disregard court orders! Failure to do so could result in contempt charges and/or create an unpleasant image for the court.
  5. Neglecting Communication: Maintain an open and effective dialogue with your former spouse to promote cooperation and avoid unnecessary conflicts that could arise due to parenting issues.
  6. Mediation Is Often Taken For Granted: however, mediation offers an effective alternative to confrontational approaches in resolving disputes. Instead of going all out with your arguments or confrontation, try meditating. Open yourself to compromise and negotiation rather than going full tilt against each side.
  7. Avoid Excessive Social Media Sharing: Be wary of what you share on social media to maintain control of your online presence - anything posted can be used against you in court proceedings.
  8. Lacking Legal Advice: Although representing yourself may appear more cost-effective, hiring a specialized attorney increases your odds of success and should be seen as an investment rather than an expense.
  9. Neglecting the Child's Voice: Courts take account of children's voices when making their decisions, so it is wise to engage in open discussion rather than dismiss their feelings outright.
  10. Failure to Document Everything: Keeping detailed records of interactions between yourself, your ex-spouse, and their child(ren) can serve as evidence in court proceedings.


How long do most custody battles last?

The duration of custody battles depends on numerous factors, including their complexity and cooperation between the parties involved. On average, they typically last anywhere between several weeks to several years.

According to research by the American Bar Association, approximately half of custody disputes can be resolved in six months. However, more contentious cases can linger for years and cause undue emotional stress for both sides.


Why hiring a divorce lawyer is better than going through the process without one?

An experienced divorce attorney can make all the difference when fighting for custody. Here's why:

  • Legal Expertise: Attorneys possess extensive knowledge of family law and court procedures, as well as custody litigation. This allows them to navigate the legal system efficiently.
  • Objective Perspective: Attorneys can offer you a much-needed objective perspective, helping to make decisions based on law and the best interests of your child rather than emotional considerations.
  • Negotiation Skills: Attorneys with experience have proven their ability to negotiate successfully, often leading to faster and more favorable settlements.
  • Courtroom Experience: Having legal representation at trial can be invaluable, they know exactly how to present your case effectively in front of judges and juries.


When should you hire an attorney?

As soon as you suspect that you might be involved in a child custody dispute, seeking legal advice immediately can help avoid common errors and enable informed decisions to be made.


What criteria must I follow when searching for an attorney?

Selecting the ideal lawyer is of utmost importance, so here are a few criteria to keep in mind when making this choice:

  • Experience: Select attorneys with expertise in family law who have proven successful at handling custody cases.
  • Reputation: To evaluate an attorney, read online reviews, request referrals, and speak to local bar associations.
  • Communication: Effective communication is paramount.
  • Fees: Avoid unexpected financial surprises by discussing fees and payment arrangements in advance.


Why Choose Drama-Free Divorce?

Drama-Free Divorce has an outstanding track record in family law and custody battles. Our attorneys are passionate about helping both you and your child secure the best outcome possible, clients are our top priority. Therefore we provide a transparent fee structure to keep everyone informed as to what to expect.


Suggestions for Action

  • Consult an Attorney: If you are involved in a custody dispute, consulting with an experienced lawyer to assess the situation is key to moving forward effectively.
  • Assemble Your Documents: Begin collecting all relevant documents, such as financial records, court orders, and communication between yourself and your former partner.
  • Prioritize Your Child: Make decisions based on what's best for your child and encourage open dialogue.
  • Consider Mediation: Give mediation a try as a means of resolving conflicts more amicably.
  • Mind Your Behavior: Avoid confrontations with ex-spouses and monitor your behavior online, especially on social media.

Navigating child custody battles can be an uphill struggle, but by avoiding common errors and seeking legal advice you can increase the odds of a positive result. Don't forget that their wellbeing lies at stake so be patient yet persistent while keeping their needs in mind. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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