One of the biggest disputes during a divorce is custody of the children. Many divorcing parents worry about how the children will be divided and want to ensure that they will get custody. If you and your spouse are thinking about a divorce, then you need to be sure to protect yourself so that you can get custody. Here are a couple things you should avoid.
1. Moving Out Of The House Without An Separation Agreement
Although you and your spouse may be fighting a lot, you should stay in the house with the children until you can get a formal separation agreement. This is because if you get up and leave your spouse, you might also be leaving your children. This is considered abandonment. This means that when it comes time to determine custody, it will look like you didn't think the care of your children was your responsibility. Instead, you inadvertently gave that responsibility to your spouse.
This is why if you have to leave, you need to take the children with you. This will show that you are concerned for their safety and that you feel responsible for their care. Otherwise, your spouse will get the primary custody.
2. Don't Get In Trouble With The Law
Even a DUI can really hurt your chances of getting primary custody of your children. The courts are looking for a parent who is responsible at all times. They want to know that while the kids are in your care they will be safe, but they also want to know that when you don't have the kids are making wise choice and acting like a responsible adult. If you are partying, excessively drinking, getting into fights, doing recreational drugs and anything else that is dangerous and irresponsible, then you can kiss your chances of getting custody of your kids goodbye.
3. Don't Bad Talk Your Spouse
Don't fall into the trap of thinking that a custody battle is where one person wins and one person loses. A judge doesn't have to grant either parent custody if both parents are unfit. They might appoint a new guardian all together. Thus, bad talking your spouse will not make you look better, it will make you look petty. This is why you should only bring up pertinent information, like police records and history of abuse that has been proven and recorded. Otherwise, just focus on making yourself a better candidate.
By avoiding these mistakes you can be a favorable candidate for the custody of your children. For further assistance, contact a local divorce attorney, such as one from Hart Law Offices, PC.