Wouldn’t it be nice to know what judges consider bad behavior by a parent in a child custody case and could cause them to lose custody of their child?
Unfortunately . . . every judge is different and every child custody case is different.
We can tell you that almost every day we have parents ask us “if I do X, will I lose custody?”
Whatever “X” is…chances are that if you have to ask your custody lawyer whether or not you should do it, it is probably a bad idea and is likely to affect your custody case.
We’ve handled thousands of custody cases and can tell that universally there are a number of things parents do that judges hate that absolutely affect whether or not the parent will get physical custody of the kids.
In this article, we address the top 7 things you might be doing that could cause a mother loss of custody.
And . . .
Some of these things you might not even realize could make you lose custody of your kids.
Interrogating Your Kids Could Make You Lose Custody
Almost every day we receive messages from our clients reporting the horrible things their ex is doing with the children.
Let Your Kids Read Your Custody Paperwork
Talk Badly About Your Ex to the Kids
Make Major Medical Decisions for Your Children Without Including the Other Parent
Make Major Educational Decisions for Your Children Without Including the Other Parent
Let Your Kids Decide When to Have Visitation with Your Ex
Allow No Flexibility in Your Custody Schedule
Be Flexible With Your Ex as Much as Possible
In summary, parents should avoid several vital mistakes in child custody cases that could lead to losing custody.
Some significant pitfalls are interrogating kids, sharing court documents, bashing the other parent, and making effective decisions without consultation.
Allowing kids to dictate the visitation schedule or refusing flexibility is also risky. The best approach is to co-parent cooperatively, keep kids out of adult issues, and demonstrate sound parenting skills.
With legal guidance, parents can navigate custody disputes while protecting their children’s wellbeing and best interests.
The stakes are high in custody battles, but insight into judicial considerations helps inform intelligent choices.
Ask an Attorney
Our lead attorney, Molly Rosenblum, Esq answers tough legal questions in these videos.
Does the Court Consider Domestic Violence in a Custody Case?
Can a Child Have a Say in Custody Decisions
Does a Parent's Sexual Orientation Affect Child Custody in Nevada?
What is a Parenting Plan?
Can Substance Abuse Affect Your Custody Case?
Frequently Asked Questions
What critical mistakes can lead to losing child custody?
Interrogating children, sharing court documents with kids, bashing the other parent, making major medical/education decisions without consultation, allowing children to dictate the visitation schedule, and refusing any flexibility in the schedule are some significant mistakes that can contribute to losing custody.
Why is interrogating children a problem in custody cases?
Judges frown upon excessive interrogation of children, as it forces them in the middle of custody disputes. It can also lead children to fabricate information. Let kids share voluntarily vs. grilling them after visits.
Can I share custody paperwork and details with my child?
No, sharing custody litigation details and documents with children is considered inappropriate. This inappropriately involves kids in adult matters.
How does badmouthing my ex to my child impact custody?
Disparaging the other parent is seen as “poisoning” the child against them. Judges view this as unhealthy, and it may be characterized as parental alienation, potentially leading to loss of custody.
Should I consult my ex for major medical/education decisions?
Yes, for joint legal custody, both parents must be consulted and in agreement on major medical procedures, school changes, etc. Unilateral action can be grounds for losing custody.
Can I let my child decide when to visit the other parent?
No, follow the court-ordered visitation schedule. Allowing children to dictate the schedule shows a lack of parenting and puts them in the middle. Get court approval for changes.
How much visitation schedule flexibility is reasonable?
Some flexibility is expected for things like illnesses or work conflicts. But be careful of too much deviation from the schedule without mutual agreement and get court approval when needed—document issues.
What’s the best approach to avoid losing custody?
Keep kids out of adult matters, co-parent cooperatively, demonstrate sound parenting skills, don’t disparage the other parent, consult on significant decisions, follow the visitation schedule, and document issues/concerns appropriately.
When should I contact a child custody lawyer?
If you have concerns about possibly losing custody or want legal guidance on protecting your rights in a custody dispute, contact a qualified custody lawyer immediately for assistance.
Child custody: The legal guardianship over a minor child, including physical custody (where the child lives) and legal custody (ability to make decisions about the child’s health, education, etc.).
Physical custody: The right to have a child live with you and be responsible for day-to-day care. Sole or primary physical custody means the child lives primarily with one parent. Joint physical custody means shared living arrangements.
Legal custody: The right to make important decisions about a child’s welfare, including medical treatments, schooling, religious upbringing, etc. Sole legal custody gives one parent exclusive rights. Joint legal custody requires both parents to agree.
Interrogating: Aggressively questioning a child, often repeatedly, to obtain information. This is frowned upon by judges in custody cases.
Polarization: Manipulating or pressuring a child to choose sides between parents during a custody dispute. This is considered emotional abuse.
Parental alienation: When one parent persistently disparages or criticizes the other parent to the child to damage or strain their relationship. Often claimed in custody disputes.
Court order: A legally binding document issued by a judge detailing obligations or rights, such as a custody order specifying visitation rights.
Visitation schedule: The court-ordered schedule specifying when each parent has custodial rights with a child, such as weekends, holidays, etc.
Joint legal custody: Where both parents have an equal right to make important decisions about the child’s welfare, education, medical treatments, religious upbringing, etc. Requires mutual agreement.
Unilateral decision: Making an important decision about a child without consulting or gaining the agreement of the other parent who shares legal custody. This can lead to losing custody.
Mediation: A process where parents meet with a court-appointed mediator to mutually attempt to agree on a custody arrangement before going to trial.
Custody dispute: When parents cannot agree on a custody arrangement for a child and take the matter before a judge for resolution through court proceedings.
Custody trial: When parents engage in litigation and go before a family court judge who hears arguments and evidence before deciding on custody.
Additional Resources for You
Don’t forget to check out our other informative posts as well:
- “Do You Have Child Custody Questions?” – This post addresses common questions and concerns related to child custody, providing helpful information and guidance.
- “What are the 5 Types of Custody?” – This post explores the different types of custody arrangements that are typically considered in child custody cases, providing readers with a comprehensive understanding of their options.
- “How Do You Get Full Custody of a Child” – This post delves into the process and factors involved in seeking full custody of a child, offering insights and strategies for those aiming to obtain sole custody.
- “How Do You Win a Custody Battle in Nevada?” – This post specifically focuses on winning a custody battle in Nevada, providing tips, tactics, and important considerations to increase your chances of a favorable outcome.
- “How Much is a Custody Lawyer?” – This post discusses the potential costs associated with hiring a custody lawyer, providing insights into the financial aspects involved in securing legal representation.
- “Reasons a Mother Can Lose Custody in Las Vegas” – This post highlights common factors and situations that may lead to a mother losing custody in Las Vegas or similar jurisdictions, helping mothers understand potential pitfalls to avoid.
- “What Not To Say In Child Custody Mediation” – This post offers valuable advice on what to avoid saying during child custody mediation, helping individuals navigate the process effectively and ensure their best interests are represented.
- “What Happens At First Custody Hearings In Nevada” – This post provides an overview of what typically occurs during the initial custody hearings in Nevada, giving readers an idea of what to expect and how to prepare.
- “The Mediation Advantage: Cost-Effective Mediation For Divorce And Custody Cases” – This post highlights the benefits of choosing mediation for divorce and custody cases, emphasizing its cost-effectiveness and potential advantages over traditional litigation.
- “How to Get Child Custody from a Narcissist in Las Vegas” – This post offers strategies and tips for obtaining child custody from a narcissistic parent specifically in the context of Las Vegas or similar jurisdictions, addressing the unique challenges that may arise.
We encourage readers to explore these resources to gain valuable insights and guidance.
Offsite Resources You May Find Helpful
Here are some resources that can provide more information and support for those navigating child custody issues:
American Bar Association (ABA) Family Law Section: The ABA’s Family Law Section provides resources on divorce, child custody, and other related topics.
Our Family Wizard: This co-parenting tool can help reduce conflict and improve communication, which can be essential for maintaining custody.
Child Welfare Information Gateway: This site offers resources on child welfare, child abuse and neglect, out-of-home care, adoption, and more.
Avvo: Avvo offers a Q&A forum where users can ask legal questions and get answers from lawyers, as well as a directory of lawyers by specialty.
FindLaw: FindLaw provides free legal information, a lawyer directory, and other resources related to family law.
National Council of Juvenile and Family Court Judges (NCJFCJ): NCJFCJ provides research, training, and policy development relating to matters of family law, child protection, and custody.
A Special Message from Our Lead Attorney
Molly Rosenblum, Esq
I trust this message finds you well. I want to extend my heartfelt thanks for perusing the resources we’ve provided on “Avoid These Mistakes to Keep Custody.”
This topic can be intricate and nuanced, and it’s crucial to be well-informed to make the best decisions for your situation.
My team and I understand that every situation is unique, and a one-on-one conversation can significantly enhance our understanding of your needs and how we can best assist you.
I invite you to call us at (702) 433-2889. We are prepared and committed to guiding you through this process, providing the advice and support you need.
Please be mindful that while we are eager to speak with you and understand your situation, we do not offer a free consultation.
Our team values the professional expertise and comprehensive service we provide to help you navigate your legal journey successfully.
Thank you again for your time and interest in our resources. We are here to support you and look forward to the opportunity to assist you in this challenging time.