Child custody is probably one of the most sensitive issues to address in the divorce process. Disagreements about custody can turn simple divorces into drawn-out battles. When this happens, ex-spouses may start making decisions based on emotion rather than logic. It can hurt their chances of getting the parenting plan they want.
In this situation, keep in mind that the court is more focused on your children, not the dispute with your spouse. Some parents place more emphasis on their conflict and personal grievances instead of proving their capacity to care for their kids, which can be a costly mistake in court.
What emotional responses can cost you the battle for child custody?
Influencing your child
Children can act as a way to communicate with your co-parent. However, attempting to manipulate, threaten or pressure your child to take sides in the custody battle carries serious legal consequences. In West Virginia, attempts to influence your custody battle through the child can count as parental alienation.
West Virginia law prioritizes the best interests of your child in a custody battle. In West Virginia, the law defaults to 50/50 custody split for the child’s best interests. But specific “limiting factors” under W. Va. Code § 48-9-209 can overrule the state’s preference. States heavily penalize parental alienation, if one parent repeatedly tries to block or undermine the child’s relationship with the other parent. For example, by interfering with visits or using manipulative tactics to alienate the child.
Disregarding temporary court orders
During a child custody case, a West Virginia court may issue temporary orders for parents to follow, including temporary parenting plans or emergency custody orders. While you might not necessarily agree with orders, do not violate them. Failing to follow court orders can impact your credibility.
A judge weighs your willingness to cooperate, follow the law and look out for your child’s best interests. Your ability to follow temporary court orders is a large factor in their decision.
Resorting to petty comments or insults
Hostile words can undermine your child custody case. Since West Virginia evaluates based on best interests, the court may view you as a threat to the child’s stability. Aggressively written text like emails, social media posts and the like can be used against you.
Speaking badly about your coparent can hurt your custody case. West Virginia courts evaluate which parent is more likely to support healthy, respectful relationships between the child and the other parent.
The number one rule of child custody proceedings: think before you act. Achieving your desired outcome is only possible when you navigate divorce processes with a rational mind. Sound legal advice can help you identify your best path.