Avoiding Inappropriate Communications in California Custody Cases
The Impact of Your Words
In a custody case, everything you say can be scrutinized and potentially used against you. There are countless cases where an emotionally charged behavior or conversation changed the ultimate course of a child custody or visitation ruling. Emotional outbursts or offhand or inflammatory comments, while understandable, can negatively impact your case. A lack of restraint and poor conduct can be seen as an indication of your character and parenting ability. The court can inform its custody decisions on behavior it views as alarming or inappropriate in the custody proceedings. It is best to avoid actions that might be perceived as hostile or inappropriate; instead, aim for calm, respectful, and child-focused communication.
Child’s Best Interest
It is also important to understand that your words and behavior throughout the divorce or separation will likely have a lasting impact on your children. Negative remarks or hostility can create an emotionally unstable environment, harming your child’s well0being and possibly your custody and visitation rights. Practicing restraint in your speech and actions, especiallywhen your children are present, can help to minimize the stress of the custody and visitation proceedings on the children. If the court believes that your words and behavior are at a level where they are harming your children’s ultimate well-being, it could negatively impact your custody and visitation rights. .
Common Mistakes in Communications
While it is imperative to communicate with your ex during a custody or visitation case, it can certainly come with its challenges. You will be one step ahead if you always keep in mind that your emotions do not need to dictate what you say. Inflammatory language and behavior will not be looked on favorably by the court. Never use your children as messengers. This is a common mistake parents do, and courts do not like this. Putting them in the middle only adds unnecessary stress.
Documentation
Every message, social media post, and recording can be used as evidence in court. Avoid putting anything in writing or online that you would not want shown in court. Be cautious about what you communicate to your ex, as these records can shape custody and visitation decisions.
Statements that Weaken Your Case
Derogatory comments about your ex or their parenting may be viewed as attempts to alienate the children, which reflects poorly on you in court. It can demonstrate that you are unwilling to foster a relationship between your child and the other parent. Even if frustrations are valid, express them through proper legal channels, not in personal interactions.
Court Percetion
The court prioritizes the child’s best interest, including a stable environment. Your language and conduct during custody and visitation proceedings can have a significant impact on your child’s perception of the split and of their other parent. You have the power to make this process much easier – or much harder – on your child. It is best to handle communications thoughtfully to support a positive outcome for everyone involved and maintain good parenting optics with the court.
Contact Cardwell Steigerwald Young, LLP
The San Francisco child custody & visitation attorneys at Cardwell Steigerwald Young, LLP understand the complications and complexities inherent in every child custody and visitation case. Our experienced staff can help you to assess your own situation and strategize your best path forward. Contact our office today to begin speaking with our team.
