When two married people decide to go their separate ways, all assets can usually be logically divided, but when it comes to the children that these two people share, deciding custody can be a huge ordeal. With two parents who both love their children and want them in their care, it can mean a lengthy custody battle and a storm of agitated feelings. Unfortunately, because a child custody case can be so emotional, many parents make huge mistakes in the process. If you are in the middle of a child custody case and waiting to go before a family law judge to find out who has the children and when, there are a few mistakes you must avoid that can hurt your chances of custody.
Mistake: Arguing with your ex about who should have the children.
Why? Arguing about who will have the children and when at this point is moot and a waste of energy. Not only that, but the constant friction between you and your spouse can be very hard on the children involved. If the two of you cannot communicate without arguing about the custody case, it is best to bring a third-party or a mediator into the mix that can relay messages back and forth between you two about the kids and keep arguments at bay. Likewise, it may be a good decision to have someone else help you pass the children back and forth after visits.
Mistake: Trying to withhold the children from your ex without reasonable cause to do so.
Why? No matter how scorned you may feel about your ex, holding the children from them is never a good thing. This is hard on the children, but can also look bad on you in family court. Until a decision is made by a judge, it is best to follow temporary custodial and visitation arrangements.
Mistake: Not making an effort to see your children if your ex is withholding them from you.
Why? If your ex is resistant to let you have visitation with your own children, don't just let the situation slide without talking to your attorney. Lack of effort to see your children may be viewed in a negative way once you do go to court. Do whatever you can to convince your ex partner that you want to see your children, and keep record of text messages, phone calls, and other communications that can be used as proof that you have tried.