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3 Mistake To Avoid During A Child Custody Battle
Admin • Dec 11, 2017
Marriage is a partnership that requires a serious commitment. In many cases, marriage is a wonderful and pleasant partnership. Unfortunately, around half of all marriages
in the United States end in divorce.
The dissolution of a marriage can be physically, emotionally and financially disturbing, but divorce may be a smart option for some couples. If children are involved, moving through the divorce process can be a bit more difficult. From child support to custody agreements, it is easy to see how going through a divorce involving children could be very stressful.
Fortunately, you can reduce the overwhelming challenges of a custody agreement during your divorce proceedings. With the help of your legal team, you can avoid these costly mistakes people make during custody battles.
Not Cooperating With Your Spouse
No matter what kinds of emotions you have toward your spouse and your marriage, you must cooperate with them during the process of divorcing and arranging a custody agreement. You must set your feelings and emotions aside and work with your spouse to design a plan that works for everyone.
Cooperating with your spouse will keep your children's best interests at heart, reducing the risk of trauma.
Be open with your spouse, communicating the needs of your child without any anger, sadness or jealousy. If you are unable to have these conversations without anger, sit down with a mediator to make the process of designing a custody plan easier.
Mediation allows you to work out a custody agreement with a neutral party that will keep your child's interests first. The mediator reduces any emotional stress while helping you come up with an agreement in a timely manner, so mediation can save you and your spouse money.
Preventing Your Spouse From Seeing The Children
Again, no matter what has happened to cause the marriage to end, you should never use your children as a means to hurt or punish your spouse.
If and when a custody battle goes to court, the judge will hear whether you refused your spouse visitation with your children. In most cases, you should not attempt to deny your spouse visitation, since your attempt can be used against you in court.
It is important to note that there are situations where you should not allow your spouse to visit the children. If you suspect abuse or believe your children will be in physical or emotional danger, notify your attorney immediately. A court order may be put in place to legally stop visitation unless or until your spouse is found to be a fit parent.
Speaking Negatively In Front Of Your Children
You may be surprised to learn that a few negative comments made in front of your children about your spouse and marriage could do enormous harm if you are battling over custody.
Additionally, speaking negatively, placing blame or calling your spouse names in front of your children could be brought up during a custody court case. This negative behavior could affect the way the judge sees you as a parent, and as a result, the time you spend with your children could decrease.
The way you speak about your spouse in front of your children is important, but you must also use caution when discussing your marriage and divorce on social media.
You may think your social media accounts are great places to vent privately, but your posts, pictures and comments will be seen and read by many. Whether you and your spouse have mutual friends on social media or not, negative talk can get back to your spouse and could be used in court.
Battling over the custody of your children does not have to be a nightmare. For more information on filing for divorce or for advice for working through custody arrangements, contact the Law Offices of Gerald Wilkerson today.
In the United States, marriage and divorce are largely regulated on the state level. Though there are some federal laws and statutes governing marriage, a number of laws and policies vary between states. So, if you are considering filing for divorce in Florida, there are a few intricacies of this state's laws and procedures with which you should be familiar. Florida Uses the Term "Dissolution of Marriage" To Refer to Divorce In some states, the term "dissolution of marriage" is used to indicate something different from divorce, or perhaps to refer to a divorce granted under certain circumstances. This is not true in Florida. Rather, the terms "divorce" and "dissolution of marriage" are synonyms under Florida law, and you will see and hear both terms used interchangeably.
Question: What are the steps to take to protect your paternal rights if you believe that a woman is carrying your child, or if you believe a woman gave birth to your child? Answer: If you are an unmarried biological father, or suspect that a female may be carrying your child, you should take the following steps to protect your paternal rights, and to prevent the Mother from allowing someone else to adopt the child: A) The first thing you should do is to register with the Florida Putative Father Registry. You can find that by clicking this link: http://www.doh.state.fl.us/planning_eval/vital_statistics/putative.htm
If you have a child you suspect may not be yours, do not do anything else until you read Florida Statute §742.18. http://www.flsenate.gov/Laws/Statutes/2013/742.18 . By Florida Law if a child is conceived during an intact marriage, then the child is presumed to be legitimate. This means that the Husband and Wife are presumed to be the child's legal parents. The operative word here is "intact". If the couple is separated, such as in the case of a married couple after a divorce petition is filed, then this is not considered to be an "intact" marriage. If under this scenario, the Wife gets pregnant by a man other than the Husband, then the biological father in that case would have legal standing to bring a paternity action.