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4 Things to Avoid When Your Child Custody Claim is Pending


There are many things you can do to heighten your chances of a favorable outcome in a child custody case. However, things you should not do are just as important to improve your case for custody in Florida.

Typically, a knowledgeable Orlando child custody attorney by your side will help avoid mistakes that could hurt your case for child custody. We have outlined the four things every divorced parent must avoid when their child custody claim is pending.

  1. Discussing the Custody Case with the Children

Many parents cannot resist the temptation to ask their children how they feel about the other parent or where they would like to live.

However, discussing the custody case with your child can make him or her uncomfortable, not to mention that judges disapprove of parents talking about the custody case with their children. In fact, such decisions are typically not left up to children.

  1. Preventing the Other Parent from Seeing the Children

Although many people feel anger or even hatred toward the other parent, it does not give you the right to cut him or her out of your child’s life.

Preventing the other parent from communicating with or seeing the children might hurt your case for custody in Florida. One of the factors that judges consider prior to awarding custody is each parent’s ability to foster a loving relationship between their kids and the other parent.

By not preventing the other parent from having contact with the children, you demonstrate your willingness to foster that relationship. Any hard feelings that you have toward your ex-wife or ex-husband should not get in the way of your child’s relationship with their other parent.

  1. Keeping Information About the Child from the Other Parent

Whenever you receive any relevant information about the child from the school or doctors, share it with the other parent. Thanks to technological advances, this can be done by sending a text without having to call or meet in-person.

By keeping the other parent in the loop about your child’s life while your custody case is pending, you show the court that you are able to co-parent successfully. When the court knows that you can be trusted, it is more likely to make you the primary legal custodian.

  1. Making Decisions Regarding the Child Without Consulting with the Other Parent

Any decisions regarding the child made unilaterally without speaking with the other parent – or without a court order – can hurt your case for custody.

Parents often disagree on decisions that involve their children even in a healthy marriage. These differences will become more prominent after parents split up. But just because you filed for divorce does not mean that you no longer need to consult with the other parent about major decisions regarding your children.

When Florida courts determine child custody, one parent usually gets final decision-making authority with regard to many issues in the child’s life. However, a custody order may require the parent with the decision-making authority to discuss important issues with the other parent.

A parent who is not willing to take the other parent’s opinion into consideration may be perceived as “uncooperative” by the court. Accordingly, the court is less likely to award the final decision-making authority to the parent who could not care less about their ex-spouse’s opinion.

Talk to our Orlando divorce attorneys to discuss your custody case and find out how to improve your chances of getting custody. Get a consultation by contacting the Law Offices of Steve W. Marsee. Call at 407-521-7171.


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