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
Breaking It Down
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.
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.
Glossary
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
For our readers navigating the complexities of family law, our lead attorney, Molly Rosenblum Allen, Esq., has developed a range of valuable resources to assist you during challenging times. Here is a list of comprehensive guides and articles that you may find helpful:
Las Vegas Custody Attorney: For those seeking guidance on child custody matters in Las Vegas, this resource provides in-depth information and legal support. Learn More
Fathers Rights: Fathers seeking to understand and protect their rights in the context of custody and family law can find the necessary information here. Discover How
Supervised Visitation: If you’re facing circumstances that require supervised visitation, this resource breaks down what you need to know. Get Informed
Changing Custody Agreement: For those looking to modify an existing custody agreement, this guide offers the facts you need as a Nevadan. Read the Facts
Grandparents Rights Nevada: This resource is dedicated to grandparents seeking information on their legal rights in Nevada. Understand Your Rights
Long Distance Co-Parenting: Long-distance co-parenting comes with unique challenges; this article provides insights and tips for managing them. Learn More
How a Mother Can Lose a Custody Battle: A crucial read for mothers involved in custody disputes, outlining scenarios that could influence custody decisions. Read More
Custody Battle Tips for Nevadans: Nevadans facing a custody battle can find strategic advice and tips in this resource. Get Tips
What Not To Say In Child Custody Mediation: To avoid jeopardizing your case during mediation, review what statements could be detrimental. Learn What to Avoid
How Much is a Custody Lawyer: Understanding the cost involved in hiring a custody lawyer in Las Vegas is crucial for planning; this guide can help. Find Out Here
Types of Custody: This article outlines the different types of custody arrangements available, helping you understand your options. Explore Types
At What Age Can a Child Decide to Stop Visitation: If you’re wondering at what age a child can legally decide to stop visitation, this resource provides clarity. Get the Details
Molly Rosenblum Allen, Esq., and the team are committed to providing you with the resources and support you need to navigate your family law matters with confidence.
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
Dear Reader,
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.
Warm regards,
Molly