Child custody can be one of the most contentious issues in family law, where the standard is the child’s “best interests.” Typically, both parents want what’s best for their child, but their ideas about what is best may differ. Other times, parents’ own emotional wounds can interfere with the best-interest objective.
As a result, it is often a parent’s own bad behavior that convinces the court as to who truly has the child’s best interests at heart. Here are just three of the bad behaviors you should avoid:
1. Withholding the child
Typically, one parent will be awarded physical custody and the other parent will be awarded parenting time.
One common situation that occurs is that the custodial parent will withhold the other parent’s parenting time because the non-custodial parent is behind on or has failed to pay child support. It is important for custodial parents to understand that child support and parenting time are completely separate legal issues. Depriving your child of contact with their other parent is seen as punishing your child for the non-custodial parent’s bad acts (i.e., failure to pay). There are ways to address the child support issue, but withholding parenting time is not one of them.
2. Badmouthing the other parent
Tensions can run high during custody proceedings. A parent may leave a hearing feeling frustrated and angry. While it can help to talk about the stresses of a legal case, discretion is advised. Never complain or criticize the other parent in front of the child. Similarly, social media is not the place to vent frustrations. Legal teams and the court can look at social media activity and use it in their assessment of the best interests of the child.
3. Failing to compromise
It is very rare for one parent to get everything they want in a custody case. There has to be some room for compromise. Being willing to compromise shows that each parent truly has the best interests of the child at heart. Compromising during a custody case can set co-parents up for a successful co-parenting relationship going forward.
To sum up, arming yourself with as much legal information as possible will significantly help you navigate difficult family-law issues. Seeking legal guidance will help you understand your rights. Got questions? Call attorney Dave Meier at 651-738-3433.