Custody battles are often the most challenging part of a divorce. If you are going through a difficult divorce and struggling to reach a custody agreement, you need to prepare yourself so you know what can be used against you in a custody battle. This blog is intended to help you understand this, and develop ways of fortifying your stance.

Determining What Is in the Best Interest of the Child

When divorce and custody cases go to court, the judge’s prime concern is to determine what will be best for the child. Courts pay attention to aspects such as:

  • The child’s age and health
  • The emotional ties between each parent and the child
  • The child’s ties to their home, school, and community
  • Any history of abuse or neglect by either parent
  • The ability of each parent to provide a stable, loving environment

When going into a custody battle in court, be sure that you can show your suitability as a parent, and can prove that your child’s welfare is your highest priority, and that you have the ability to provide for that.

Behaviors That Can Hurt Your Child Custody Case

While each situation is different, there are some common mistakes that people make that can really harm their chances of succeeding in their custody cases. These include:

  • Substance Abuse: If there is any record of drug or alcohol abuse, it can have a disastrous effect on a custody case. Sometimes it doesn’t even matter if instances of substance abuse took place in the distant past – it could still affect your case’s outcome.
  • Accusations of abuse or neglect: If there is any evidence of abuse or neglect in your past relationship with your child – even if there are only accusations without strong evidence, it can make your plea for custody especially difficult.
  • Bad Co-Parenting: If one parent is unwilling to work with the other or is deliberately obstructive to reaching a settlement, the court is unlikely to look favorably upon them.
  • Issues with Anger or Domestic Abuse: Domestic abuse is an extremely grave matter. If there is any evidence that a parent has been guilty of abuse at any time, their chances of winning custody become extremely unlikely.

How to Win a Child Custody Case During a High-Conflict Divorce

If you want to ensure that you win your custody case, start with the following actions:

  • Keep Records of Everything: Always try to make records of your communications with your ex-partner. This can assist in combating any potential accusations made against you, as well as providing evidence if you have an accusation to bring against them.
  • Obey Court Orders: Sticking to all present custody and visitation orders shows your readiness to follow the law and put your child’s welfare first.
  • Remain Actively Involved in Your Child’s Life: Go to school programs, health check-ups, and other activities that your child might be involved in. Judges will generally take a more positive view of parents who display active involvement in their children’s lives.
  • Collaborate with a Specialist in Family Law: Hire a lawyer who has a good knowledge of family law and the challenges of custody cases. 

In situations with a lot of conflict, you must keep a cool head and not provoke the other parent. Show that you are calm and always put your child first. 

Westover Law Group is based in Murrietta, CA. We completely understand what is required for a successful custody case, and we can help you prepare and arm yourself for what can be used against you in a custody battle. Get in touch with us at 951-894-8440 for a consultation. Whether you need guidance on child custody hearings or want to know how to succeed in custody disputes, we are here to assist.