What Not To Do in a Child Custody Dispute

parents arguing in front of two children

If you are considering seeking a child custody order, or already have an order that needs to be modified, you have probably read legal blogs looking for guidance. While a lot of emphasis is placed on tips and advice in preparation for a child custody dispute, we believe it is equally important to know what NOT to do.

In our years of experience representing men and women in child custody proceedings, we have seen people act impulsively, angrily, and out of character. We’re talking about children, so the underlying emotions are real and understandable. However, impulsive decision-making is also counter-productive when it comes to maximizing your parenting time with your children. In short, veer away from the following acts.

  • Violate Court Orders. If there are existing orders or temporary orders regarding child visitation and access, follow those orders. Otherwise, you risk an enforcement action, having to pay attorney’s fees and contempt of court. Worse, courts may impute these violations on your ability to make good parenting decisions when modifying custody orders.
  • Take the Kids and Run. If you violate existing orders by running with the children, you are committing “parental kidnapping”. This risks criminal consequences for kidnapping and almost guarantees that your custody rights will be severely restricted by the court.
  • Make threats of violence. This will always come back on the perpetrator of the threats. Part of the court’s best interest considerations is the safety of the children. Domestic violence is antithetical to this consideration and can also lead to a domestic violence protective order against the perpetrator.
  • Represent yourself in court. If you find yourself in a courtroom to resolve a child custody issue, you should not be there alone. There are very specific rules of procedure and rules of evidence that even non-lawyers must follow when they represent themselves. If the other parent has an attorney, you will find yourself at an incredible disadvantage that will change your custody outcome for the worse.

Viloria, Oliphant, Oster & Aman L.L.P.

Instead of making any of the aforementioned mistakes, contact Viloria, Oliphant, Oster & Aman, L.L.P. Our attorneys represent men and women in child custody disputes and have a proven record of excellence. We take pride in the relationships we build with our clients and our ability to provide custom-tailored family law representation to suit each client’s needs. When it comes to child custody, your children deserve your best fight. Let us help you assert your legal rights. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office¬†through our website.

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