Common Pitfalls You Can Make During a Child Custody PROCEEDING

By: Kristin A. Molavoque, Esquire

• Avoid preventing the other parent from having custodial time with the children. Courts expect parents to help foster the relationship each child has with the other parent, absent an emergency or other extraordinary circumstances.
• Courts award custody based on what they believe is in the children’s best interests. If, for example, you appear to be more concerned about a reduction in the child support amount you pay than you are about your own children, courts often discern a party’s true motivation for seeking custody or a change in custody.  Remember courts make custody decisions based on what is in your children’s best interests.

• When in court, never point fingers at, insult or interrupt the other party to defend yourself in response to allegations made against you. You likely will lose credibility, and a "he said, she said" battle can ensue. It is best to wait until it is your turn to speak and to have objective proof to support your positions, if possible.

• Avoid bringing your minor children to court. In general, courts frown upon parents putting children in the middle of a custody proceeding. However, under certain circumstances it is necessary to bring them to court, to speak to the fact-finder, in order to best protect their welfare.
  

• Do not bad mouth or disparage the other parent to the children. It usually comes out in court and it is always highly discouraged.

• Do not share details about the custody proceeding with your children or put them in the middle of any custody conflict between parents.

• Be extremely careful about what you post on the Internet, Facebook, and other social media. It could be used against you in a custody proceeding.

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