Tuesday, August 30, 2016

Behaviors That Can Reduce Your Chance of Child Custody

Child custody cases can sometimes be difficult, and reduced visitation is often a primary concern of individuals going through difficult times. It is important to know your state's child custody laws and Gibbons Law Firm at the Lake of the Ozarks is committed to consistently providing sound legal advice on the subject. There are behaviors that greatly affect your terms and conditions surrounding visitation, and there are conducts to avoid. Below, we will share some points and information to hopefully help you avoid mistakes and provide some direction on how not to have your custody arrangement reduced or reversed. Keep in mind, it is the opinion of the court to make decisions in the best interest of the child and to determine custody arrangements.

Here is a list of common issues concerning individuals going through custody conflicts. It should go without saying, but steer clear of the following behaviors: 

1. Not being actively involved in your child’s activities and day to day life. 
Are you aware of your child’s day care provider or teacher’s name? Have you been present at a doctor’s appointment or attended a sporting event your child is participating in? If your answer is, “No,” then you may need to consider prioritizing these moments in your life to avoid changes to your current custody arrangement.

2. Having drug and/or alcohol concerns. 
If you find yourself indulging, even casually, in drugs or alcohol, you may find this affects your chance of custody. Allegations such as this will be taken seriously by the courts; if you have a problem with substance abuse, please seek professional treatment as soon as possible. 

3. Being overly critical or disparaging of the other parent. 
Being friendly can sometimes be difficult when dealing with an ex, but keep in mind that judges often look favorable on parents who show a solid effort to have a temperate relationship with the other parent. If it is alleged that you are consistently critical and reproachful of the other parent through text messages, emails and/or through the child him/or herself, this behavior is negatively influencing the child and will be frowned upon in court. A change to your custody arrangement will almost certainly result if this is proved. You want to show the courts that you intend to support the other parent by adhering to an agreeable tone when discussing or dealing with the child and other parent.

4. Not following the advice of your legal counsel. 
Your attorney is trained and experienced in providing the best legal advice and guidance to you. They have experience with the struggle you’re going through and should be an advocate by your side. They will advise you on matters of behavior and conduct, and it is critical that you follow their instruction. It can be hard to filter strong feelings, but for the sake of your child’s involvement, it is imperative and exactly what you need to do to avoid a reduction or additional stipulation on your custody agreement.

5. Lacking self-control. 
If you are prone to impulsive outbursts, ranting or raving in person or over technology mediums, you are instantly jeopardizing your custody arrangement. Judges will not be lenient if they have evidence that you are a parent that regularly loses control of his/her anger and temperament. You will be at a disadvantage if you can be described as a loose cannon by friends, family and others in your social network. Going through divorce and custody issues in court is probably not a comfortable chain of events; however, you must be mindful of self-control. 

If you are serious about child custody, then you must exhibit the highest level of discipline and manage your behavior at all times. Avoiding the aforementioned behaviors is the first step to an improved relationship with your child, their parent and other third parties involved. Gibbons Law Firm assists clients with all types of family law and is committed to providing the best advice to clients involved in custody disputes. We invite you to contact our Lake of the Ozark law firm at 573-348-2211 to set up an appointment.




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4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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