Common Mistakes That Can Hurt Your Child Custody Case in Massachusetts (2024)

Unfortunately, divorce is a common occurrence in the state of Massachusetts. When cases like these arise, emotions can become tense, and couples can dispute over sensitive aspects such as property division and child custody. When these contentions arise, a family lawyer attorney is essential so your rights and interests are protected. However, you will want to avoid any common mistakes that could hurt your child custody case in Massachusetts.

Refusing to Cooperate or Compromise With Your Co-Parent

We understand that child custody cases can be frightening and stressful, but it is never wise to let your emotions get the better of you. You might have negative feelings about your co-parent, and perhaps rightly so; however, do not let these feelings get in the way of what is in the best interest of your child.

Not communicating with your co-parent or refusing to reach compromises with them can hurt your case, as the judge might see this as you focusing on hurting your co-parent instead of supporting a positive relationship with them and your child.

Instead, it is a good idea to keep an open and constructive dialogue with your co-parent if this is safe for you to do. You can also hire a compassionate and experienced child custody attorney to handle all negotiations and communications with the other party.

Not Spending Time With Your Children

If you have been given temporary custody while waiting for the finalization of your custody arrangement, it is imperative that you make the most of it. Spending sincere and quality time with your children shows them, your co-parent, and the courts that you care about them.

It is important to note that you shouldn’t do it just for the benefit of how the courts will view you but rather for the well-being of your child. Neglecting your children before an agreement is even reached will negatively impact your case.

Talking Negatively About or Fighting With Your Co-Parent in Front of Children

The mental, emotional, and physical well-being of your children should be paramount in child custody cases. For this reason, you should not drag them into a negative confrontation between yourself and your co-parent. Some people do not make good spouses, but that doesn’t mean that they are not good parents.

No matter how hard it might be to accomplish, it is always wise to take the high road when you can and conduct yourself in a collected and calm manner. If your co-parent refuses to act in this way, it will actually improve your chances with the judge. If one parent tries manipulating the children against the other parent, this can not only hurt your case, it can be traumatic for your children.

Using Social Media With Poor Judgment

Your Instagram or Facebook might feel like a private place to vent your frustrations over your co-parent or any child custody or divorce proceedings, but the reality is that anything you post to your social media accounts could come back to haunt you in court. Certain posts can actually negatively impact your case and should be avoided. Examples of harmful posts include:

• Abusive or untrue comments
• Photos or videos of you intoxicated or using illegal substances
• Posts that violate any current court orders or show you doing so
• Negative or abusive statements about your co-parent
• Stating private or personal information about your children or ex-spouse

Failing to Maintain Thorough Documentation

If your co-parent conducts themselves in any negative or abusive manner, it is prudent to document the encounter so that it can be brought to the judge’s attention. To help maintain consistency with your story, it can prove helpful to keep a journal during your child custody case. You can also use this journal to keep track of positive interactions with your children or with your co-parent or moments where you took the high road.

Not Hiring an Experienced Child Custody Lawyer to Support You

These cases can often feel like an impossible maze of paperwork, visitation schedules, and court dates. Missing even the seemingly smallest detail can negatively impact your case. To avoid this, it can prove beneficial to hire a child custody lawyer who can keep track of all the various dates, pieces of paperwork, and schedules. They can also handle any negotiations on your behalf with the court or with your co-parent’s legal counsel.

FAQs

How Much Does It Cost to Retain a Child Custody Lawyer in Massachusetts?

In the state of Massachusetts, it can be difficult to find an exact estimate of how much it might cost to retain a child custody lawyer. This is because there are several factors that can impact the final costs in these cases. These factors include the unique complexities and nuances of your specific case, the experience of your attorney, and the location of their firm.

What Impact Does Having a Criminal Record Have on a Custody Battle?

The unfortunate reality is that criminal convictions can have a major, negative impact on your chances of retaining partial or regaining custody of your children. The courts will evaluate any and all charges and determine whether, because of these criminal convictions, you pose any kind of threat to the well-being and best interests of your children.

How to Stay Strong During a Custody Battle?

There are several ways to stay strong during the stressful and challenging time of a child custody battle. Certain strategies to combat the stress and remain calm and collected include practicing daily motivation, reminding yourself that this too shall pass, repeating positive affirmations to yourself whenever necessary, and building up a strong support community who can rally to your side and whom you can trust.

How Do the Courts Determine What Is in the Best Interest of the Child?

In the state of Massachusetts, the courts will look at the following factors when determining what is in the best interest of the child during a custody case:

• The age of the child
• The ability of the parents to provide for their children’s emotional, physical, and financial needs
• If the parent has ever been convicted of a crime, especially in cases of domestic violence or abuse
• The relationship between the parent and their child

Contact a Trusted Family Law Attorney Today

With over 100 years of combined experience in a litany of family law cases, the attorneys at Farias Family Law, P.C. are here to offer our support and counsel during these trying times. Contact us today for an assessment, and let us be of service to you.