Five Things You Should Not Do In A Child Custody Battle

If you are seeking custody of your child and are involved in a child custody dispute (battle), there are some things you can do to help you and some things you should not do.

Here are five things you SHOULD NOT do in a Child Custody battle.

  1. Using your child as a pawn. Do not use your child as a “pawn” in the battle. For example, despite what your ex may be doing, he/she still has a right to see the child and have parenting time with the child. Typically, the only time you should withhold the child from the other parent, is if there is an Order of Protection, the child is very sick, or for some other emergency reason.
  2. Making false accusations. If you make a false accusation, against the other parent, this will seriously hurt your chances of gaining custody. The courts will not tolerate false accusations and this can be the only reason for a court to deny you custody.
  3. Not communicating with the other parent. In a divorce, or a child custody situation, it takes two parents to parent the child. You will need to communicate with the other parent. If you fail to communicate, the court can view you as hindering the other parent’s ability to parent.
  4. Stating negative things about the other parent. Whether it is on Facebook or other social media sites, or worse yet, to the child, you should not state anything negative about the other parent. If the other parent can show that you have posted negative information about him/her (even if true) or have stated negative information about him/her to the child, the court will hold this against you.
  5. Not paying child support. Although, technically, the Court is not supposed to use the payment or non-payment of child support against you, Judges are human. The failure of not paying child support, will be looked upon as a negative factor.

When you are seeking child custody, you need to avoid any mistakes or negative actions.  David Badanes and the Badanes Law Office, P.C. have helped numerous clients in obtaining child custody. If you are seeking child custody or a divorce, then call David Badanes and the Badanes Law Office at 631-239-1702, email at or visit our web site:  The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).

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