What Can Be Used Against You In A Custody Battle

Child custody battles are very common in difficult divorces. These disagreements can cause one or both parties to act irrationally, which may harm their divorce case. When parents fail to agree on who needs to have custody, the court will step in and make the decision.

You need an experienced Texas divorce lawyer to advise you when you are negotiating with your ex on matters involving the rearing of your child.

Things That Can Sabotage Your Case

Courts Consider The Best Interest Of The Child

What Can Be Used Against You In A Custody BattleCourts do not consider the parent’s interest when making a decision about the appropriate placement of the child.  The court will evaluate the situation and award custody to the parent that is more likely to preserve the child’s best interest.

Courts consider the following factors:

  • Whether the child has been under the care of another person other than a parent and how long the child was in that person’s care
  • What kind of interaction and interrelationship the child has with their siblings or parents
  • How easily the child can adjust to either parent’s home, school in the area, and the community
  • Evidence of any kind of abuse in the family
  • Criminal past of either parent
  • Whether a parent is living with someone who is a registered sex offender or has been convicted of abuse of a child
  • The ability of a parent to allow the child to develop a bond with the other parent

How Do Custody Battles Work

You Need To Watch How You Behave

The court will evaluate the behavior of both parents to determine who gets to be the custodial parent and who gets visitation rights. How you interact with your child during your custody battle is important because the other parent may be observing to find any negative behavior they can highlight in court. You should also watch what you tell your children because they may share what you said with the other parent.

Children mimic behavior and will repeat what you say to other people.

Can Conversations Be Used As Evidence?

Fighting For Custody In Texas

Bitterly contested divorce cases often involve instances where the parties speak with anger and frustration. When this happens on the telephone or social media, the party on the receiving end of the offense can record or screen capture these conversations and use them as evidence in court.

Not all courts allow these recordings to be used as evidence but it’s better to be cautious just in case.

Self-Inflicted Mistakes To Avoid

Avoid the following mistakes:

  • Criticizing or antagonizing the other parent in front of the children can have harmful effects on your children
  • Yelling at your spouse or kids can put your custody case at risk because someone may be recording you
  • Any violent physical contact can lead to you facing criminal charges and may lead to you losing your custody battle
  • Moving in with a new significant other may expose kids to the idea that the love their parents have for each other has ended. Doing this can negatively impact your case
  • Failing to pay child support can get you fined or sent to jail

These are just a few of the mistakes you should avoid.