So You Want to Lose Your Custody Case?
People come to me desperate to know the “secret” to winning their custody cases. Common sense, maturity and fair play will win the day. If you want to lose custody, then do any of the following:
1. Do not be active in your child’s daily life. Do you know the names of your child’s teachers? Have you ever supervised your child on a play date or taken your child to the doctor? Do you regularly attend school conferences and school events? If the answer to these is no, then it is an indication that someone else (i.e., the other parent) is the primary caretaker, not you.
2. Do not address alcohol, drugs, or other parental fitness issues. A parent who even casually partakes in alcohol and/or drugs will have a problem winning custody. Most judges will take allegations of substance abuse seriously, and these allegations will be investigated thoroughly via random testing, psychological evaluations, and interviews. If you have an issue with substance abuse, then seek treatment for it immediately. Be open about it.
3. Disparage the other parent. Judges tend to look favorably upon a parent who demonstrates that he/she supports the child’s relationship with the other parent. Who gives extra time to the other parent. A parent who is constantly denigrating the other parent, leaking anger, and negatively influencing the child’s relationship with the noncustodial parent will eventually lose the custody case.
4. Exhibit lack of impulse control. It is critical to consistently act with good judgment and self-control if you want to win custody. A parent who regularly loses control, and who cannot control his/her anger will be at a disadvantage. I have handled many cases where a litigant will lose control right in the courtroom, in front of the Judge, proving all my points for me. An angry outburst in court, or caught by your ex on audio or video will never be forgotten by the Judge.
5. Failing to follow your attorney’s advice. It is critical that you seek out the advice of an experienced family law attorney, who has handled contested custody trials (not the attorney who did the closing on your house, or the lawyer who charges the lowest retainer to do an uncontested divorce) and that you listen to them and do what they tell you. With an experienced advocate by your side, you can avoid making the mistakes outlined above, and you can be successful in your custody case.
For more information, call Certified Family Law Specialist Denise Lite at 877-317-8080 to set up a confidential consultation.
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