Understanding the Impact of Your Comments on Custody Proceedings

Negative remarks give the impression that you’re unable to foster a healthy co-parenting relationship and may be sufficient grounds for a judge to deny you custody.

Child custody is one of the most sensitive aspects of divorce, determining who will have custody of the child and who will pay child support. That said, it’s important to note that despite your strong convictions and feelings, your words could impact your child’s well-being, your relationship with them, and the judge’s final decision.

Here are a few comments that could affect the outcome of your child custody proceeding:

• Negative Remarks About Your Ex-Spouse – Bitterness and resentment towards your spouse shouldn’t cloud your judgment or make you lose civility. Any hateful or negative remarks about your spouse could be used to deny you custody of your child. These include comments you make on the phone to their lawyers or on social media posts. Negative remarks give the impression that you’re unable to foster a healthy co-parenting relationship and are sufficient grounds for denying you custody.
• Drug and Alcohol References – Comments that appear to promote reference drug and alcohol use work to the detriment of your child custody case. It would be best if you were especially careful with what you post on social media, as your spouse’s attorney won’t hesitate to use any comments concerning drugs and alcohol against you. We advise steering off alcohol and drugs until after the child custody hearings or being very discrete with the use of intoxicating substances.
• Threatening Statements – The court will interpret threatening statements directed toward your spouse or anyone close to them as bad parenting. Not only is threatening your spouse illegal, but it automatically obliterates your chances of getting custody. These statements prove your inability to provide a peaceful and conducive environment to nurture your child until adulthood.
• Contradictory Statements – Your comments throughout the child custody proceeding should be consistent. Statements on what you have planned for the child’s education, your parenting abilities, and how you plan to maintain a proper relationship with the other spouse should be well thought out to ensure consistency. Any deviation from the original comments will raise eyebrows and jeopardize your child custody case.
• Negative Comments About the Child – Negative comments about the child will almost certainly nullify your chances of getting custody. Avoid disparaging the child’s abilities, intellectual capacity, and anatomy, even if you mean well. This can easily be misinterpreted as apathy and ruin your child custody case.

You Deserve Custody of Your Child

Your words could make or break your child custody proceedings. As such, watch them carefully and consult your attorney before making public statements. Do your best to keep your emotions in check, and if you must vent, only vent to your lawyer or someone you trust. We also recommend staying off social media and limiting alcohol use, which may lead to careless remarks.

At The Betz Law Firm, our legal team recognizes the delicate nature of child custody proceedings and makes it a priority to ensure that your and your child’s interests are considered first and foremost. We have the experience you need to help your family through these difficult times and ensure you are satisfied with the result.