What Can Be Used Against You in a Custody Battle?

In a divorce, parents often fight over child custody. Both parents want to raise their children, but they do not realize that their every move is being scrutinized by the court. A custody battle is like being accused of a crime: everything you say and do can be used against you.

In a custody battle, you must be on your best behavior. You want to make the best impression. You want to present the best case possible. You can only do so if you know what can be used against you in a custody battle. Here is what you need to know so you can be prepared in court.

Substance Abuse

It is okay to have a glass of wine every now and then, but if you are constantly under the influence, you cannot be a good parent. Substance abuse is a major mark against a parent. If you are addicted to alcohol or drugs, start working towards sobriety to show the court you are fit to parent.

Lack of Cooperation

Being cordial can go a long way. Sure, you may be harboring resentment or anger at your ex, but you still need to be able to co-parent together. When a parent refuses to cooperate with their former spouse, it raises concerns. An uncooperative attitude can make joint custody impractical, so the parent may lose custody altogether.

Being Disrespectful

Badmouthing the other parent is never a good idea in a custody case. Avoid using texts, emails, and phone calls to insult the other parent. Do not make negative comments about your ex in front of others. This disrespect can come out in court and affect your custody.

Dishonesty

Do not ever lie in a child custody case. Anything you put on court forms or say in court must be true. The court will verify what you are saying through evidence such as testimony. Lying ruins your credibility and could cause you to lose custody.

Not Following Court Orders

Temporary orders are issued during a divorce. If you are given orders for visitation or child support and fail to follow them, that is called contempt of court, which is a crime. You need to prove to the court that you can follow orders, or else you will not be granted custody.

Putting Your Child in the Middle

Your child custody battle is between you and the other parent. Never put your child in the middle. They should not be forced to choose sides. Parents should also never share details of the divorce with their children or use them as therapists. Let kids be kids.

Contact Us Today

Courts want to do what is in the best interest of the child. Is it best for you or the other parent to have primary custody?

Tennessee child custody laws can be complex. A Murfreesboro criminal defense lawyer from The Law Office of David L. Scott can guide you through the process and help you get the child custody rights you deserve. Fill out the online form or call (615) 896-7656 to schedule a consultation.