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Six Mistakes New York Parents Make During Child Custody Battles (And How To Avoid Them)

  • By: Jeffrey Johnson, Esq.

Child custody legal battle concept with gavel and textIn this article, you can discover…

  • The negative impacts of conflict in a custody case.
  • How to wisely use social media throughout a divorce.
  • The role a good attorney plays in helping navigate custody issues. 

1. How Can Conflict With The Other Parent Hurt My Custody Case In New York?

Conflict between parents can make cases much harder to resolve. If you and the other party can not talk to one another and can not agree on anything, your case may have to go to trial. This means your case will take longer and cost more, and both of you will have to rely on a judge to make decisions on what is best for your child.

A lack of cooperation with the other party can hurt your case and make you less sympathetic in the eyes of a judge. It’s best to work together, be civil, and be the bigger person if facing conflict in a custody case. 

2. What Are The Consequences Of Not Keeping Detailed Records During A Custody Battle?

Honestly, very few parents keep detailed records in custody cases. Most evidence comes down to what both parties say happened, which can be impossible to prove either way. 

Detailed records are always best. This can include text messages, social media posts, and emails. It’s easy to forget what has happened along the way, and records of dates, times, and conversations can be immensely helpful in court. 

These records can also help your attorney build your case and present evidence of your fitness as a parent or show evidence of your concerns about the other party. 

3. How Can Bad Mouthing The Other Parent On Social Media Impact The Court’s Decision?

Posting on social media during a custody case is rarely a good idea, especially true if you’re posting negative and unsubstantiated things about the other parent. This kind of behavior can paint you in a very negative light with a judge, leading them to assume you are trying to alienate your child from the other parent. 

A judge may, in fact, hand down an order that no posting about the case is allowed by either party. If you disobey this order, it can be very damaging to your case. Refrain from posting about your spouse or the case on social media, and make an effort to limit posting and commenting in general. The less said online, the better for your custody case.

4. What Role Can Mediation Play In New York Custody Cases?

In New York, mediation is voluntary, not court-mandated. It’s generally a good idea to go to mediation; there are no downsides to the process, it’s confidential, and it can help you and the other party work together and reach agreements without having to go to court. 

If mediation is successful, a settlement is drawn up that both parties sign. If mediation is not successful, you and the other party can go to court. The mediator will simply present a report that mediation was not successful without blaming you or the other party and without mentioning why mediation did not work. 

5. What Should I Do If I Miss Scheduled Visitation Or Custody Exchanges?

If you miss a single scheduled visitation or custody exchange, it shouldn’t have a negative impact on your custody arrangements. It can become problematic, however, if you’re late or absent frequently. 

If you consistently miss visitation or custody exchanges, the court can hold this against you. It’s important to do your best to make these appointments and be on time. Make sure you have copies of the court orders so that you can keep track of scheduled times, dates, and places for visitation, drop-offs, and pick-ups.

6. Why Do I Need An Attorney For A Custody Case In New York?

Custody cases can be complicated and emotional; an attorney can help you understand the law, present the facts of your case clearly, and help you gather and present objective evidence to a judge. Without the right legal help, your case is not likely to go well. You simply will not be able to navigate the law or present your case effectively without a family law attorney

Hire an attorney. They will know what strategies work best in custody disputes, how to negotiate successfully, and how to represent your care and your child’s best interests accurately to a judge. 

Still Have Questions? Ready To Get Started?

For more information on Child Custody Law In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.

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