DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Don’t let these mistakes derail your child custody case

On Behalf of | Sep 6, 2024 | Family Law

As you navigate through the countless choices you need to make in your divorce, the most difficult among them are often those concerning your child. Custody decisions are fraught with heavy emotions and legal complexities. One misstep can have far-reaching consequences, impacting not just the legal outcome but also your involvement in your child’s life. Understanding the common mistakes parents make in child custody cases can pave the way for a more stable future for your child, even after divorce.

Mistake #1: Not having proper documentation

If you are fighting for custody of your child, documentation is your strongest ally in court. This includes communication with your former spouse, agreements and disagreements, as well as interactions with your child. Documenting these allows you to demonstrate a clear picture of your commitment to your child’s well-being and role in their life. Most importantly, if you are concerned about your child’s safety, document any incidents that threaten it with dates, times and detailed descriptions.

Mistake #2: Letting emotions control your actions

Child custody disputes are often the most emotionally challenging aspect of divorce. After all, this deals with ensuring the best possible outcome for the most cherished yet vulnerable person in your family – your child. However, if you allow your emotions to drive your actions, you may inadvertently harm your case.

Avoid speaking negatively about your co-parent in front of your child or on social media. Courts view this behavior as an attempt to alienate the child from the other parent. When it comes to custody decisions, the law aims to uphold the child’s best interest. By demonstrating your commitment to co-parent effectively, you show the court that you can prioritize your child’s welfare above all else.

Knowing your rights protects your child

While avoiding documentation failures and emotional reactions is crucial, perhaps the most significant mistake you can make is not fully understanding your rights as a parent. New Jersey courts take a close look into various elements when determining custody arrangements. These include your child’s safety, stability and relationship with each parent. By educating yourself about these factors and your rights as a parent, you can take that first step toward a better future for your child.