Common Mistakes to Avoid During Divorce or Custody Disputes

Mistakes to avoid in a California child custody case

Parents going through a contentious child custody case often encounter more arguments than in a contentious divorce. The reason, many times, is this: parents want what is best for their children. However, in a child custody case, those parents have different perspectives on what is best for their children.

When a parent combines a strong desire to do what is best for the children with a dislike of their coparent, there is a unique combination of factors that often leads to mistakes being made in a California child custody case:

Not allowing the child to see their other parent is a mistake that many parents make without good cause. This may even occur before the child custody case begins. The motivation is that parents understand that judges typically give favor to the parent who acts as the child’s primary caretaker.
However, courts will balance the desire to favor the primary caretaker in these situations with a preference to allow both parents to play an active and involved role in the life of the child. Hiding the child away from one parent may actually shift the court’s favor towards the parent who is having the child withheld.

There is a great deal of stress that is inherent in a child custody case. It comes with the territory. That said, one of the most common methods for parents to release stress is to speak poorly of their co-parent. When parents speak negatively about their co-parent directly to their children, that can be especially disastrous. Not only does it harm the child-parent relationship, but it can harm the badmouthing parent’s standing before a judge.

Mistakes to avoid in a California divorce

California divorce cases see their fair share of mistakes being made. Having an experienced California family law attorney to serve you can help avoid these mistakes. However, without strong counsel to help strategize and plan with, the following represent two of the most consequential mistakes a divorcing spouse can make:

Pushing forward in the divorce without a plan is not a good idea. Many people feel the immediate stress of a divorce and figure that it is better for their family and mental health to simply move past the case as quickly as possible. Accepting an unfavorable settlement offer may feel appropriate at the moment, but years later, it will reveal itself as a major mistake.
While “getting back” at your spouse may be a strong motivator for you in the divorce, it rarely leads to worthwhile and long-lasting success. Instead, make a vow to yourself to negotiate in good faith, disclose all information the law requires you to, and work with a California family law attorney.