Going Through A Divorce? 3 Mistakes To Avoid During A Custody Dispute
If you're going through a divorce, you need to focus on the settlement. But, if your divorce involves children, you need to focus on custody. That's especially true if you and your spouse are both fighting for custody of your minor children. While you're fighting for custody, you need to avoid mistakes that can damage your case. Some things you do during your divorce can hurt your custody case. In fact, some mistakes can decrease the amount of time you spend with your children after the divorce. Read the list below. Here are three mistakes you need to avoid while going through a custody battle.
Moving Out of the Marital House
If you and your spouse are going through a divorce, don't move out of the marital house just yet. You might think moving out of the house is the right thing to do during a divorce. But, moving out can damage your case in a couple of ways. First, moving out can undermine your ability to fight for ownership of the house. Second, moving out of the house can jeopardize your custody case. Courts look at housing stability when deciding custody cases. If you've moved out of the marital house, you could lack the stability you need to win custody of your children. If you don't have a custody agreement when you move out with the children, your spouse could use that against you. That could also harm your custody case. Instead, stay in your marital house until you have a child custody agreement in place.
Using Defamatory Language
If you're dealing with a contentious divorce, you may have negative things to say about your spouse. In most cases, what you say in private won't come back to hurt you. That's not the case during a custody dispute. Negative comments you make about your spouse could cause problems during a custody battle. That's especially true if your case goes to trial. Your spouse's attorney could use those comments against you in court. Protect your custody case. Avoid using defamatory language against your spouse.
Failing to Keep Records
If you're fighting for custody of your children, don't forget to keep records. This is especially important where visitation is concerned. You want to document the time you spend with your children. You also want to document the time your spouse spends with the children. If your spouse has temporary custody, take pictures with your children each time to get them for a visit. That way, you have a digital record of the time you spend with them. This can help if your spouse tries to say that you don't spend time with your children. If you have temporary custody of the children, document the time they spend with the other parent. Take pictures of the children before they leave for a visit. And, record moments when the other parent cancels plans. That way, you can document their lack of participation with the children.
For more information, contact a local family lawyer.
