Mistakes People Make in Custody Cases

Transcript:

As a custody attorney, there are quite a few things I see people do that can hurt their case.

1. Denying Parenting Time

First, it's not allowing the other party to see the children. Courts look to see who fostered a co-parenting relationship, and you wanna go into court and say, "I was good at communicating, I fostered a co-parent relationship, and I encouraged them to be active in the children's lives". There is one exception to this, though, and that is if there's drug use, domestic violence or some other issue that causes concern for the children.

2. Disparaging Other Parent

Second, disparaging the other parent. Don't say negative things about the other parent to the children. These kind of statements often end up in court and it hurts the children. So, don't talk badly about the other parent to the children.

3. Unsubstantiated Allegations

Three, don't make allegations that can't be substantiated. People often say that mom or dad is on drugs, or that they abuse the child, but they don't have anything that they can use to back that up. Winning takes proper preparation and you wanna come into court with evidence. So, if you're gonna allege these kind of things, be sure you have evidence that can back it up.

4. Violating an Existing Order

Four, violating a court order. You don't wanna violate a court order. A court may just give you a warning if you deny parenting time, but that is a factor that the court can use to ultimately amend a parenting time order and you can end up losing if you violate a court order.

5. Not being Active in Child’s Life

Five, not being active in the child's life. If you go to court and you're not active in the child's life, it will be obvious. You won't know teachers' names, you won't know medical information, you won't know doctor's names. Being active in the child's life is important, and if you're being denied access to your child, you're gonna wanna be able to go into court and show what steps you have taken to get access to your child and try and get back in contact with them.

So, here are five things you should not do if you're involved in a custody case. My name is Nathan Vining. I'm a family law attorney in Indianapolis and I practice throughout the state of Indiana. If you're involved in a custody case and have questions, give me a call. I'd be happy to answer your questions.