Is child custody and visitation one of your highest priorities as you contemplate the end of your marriage? It is important to understand and avoid strategic custody mistakes during a contentious Louisville divorce. If your former spouse intends to put up an argument over child custody and visitation you need to have a strategy to protect your goals as a parent, and when possible improve your position.
A few of the more surprising strategic custody mistakes during a contentious Louisville divorce involve moving out of the family home or moving in with someone new. We are often asked: “What does that have to do with child custody and visitation?” The short answer is this: from the perspective of the divorce, not much. From the perspective of child custody and visitation, everything. Moving out of the family home too early in the process of your divorce can be used against you. The assertion will basically center around “abandonment.” You are less involved in the life of each child simply by not being there. Moving in with a new partner also creates an entirely new environment for a child to navigate. The Court is focused upon what is in the best interests of the child. The Court wants to preserve as much of each child’s existing schedule, rhythms and activities as well as relationships with family and friends as possible. These choices not only affect the natural rhythms of your child(ren) they bring unnecessary questions about your decision making and ability to parent from the Court.
In the absence of addiction, abuse, mental illness or domestic violence the Court understands it is almost always in the best interests of a child to have continued connections and time each parent. Those who wish to fight for sole custody must prove it is not in the best interests of the child to share time with the other parent. If the Court perceives one of the parties is simply being vindictive, unreasonable or worse, attempting to use custody and visitation as leverage against their former spouse it could actually damage their own position in the eyes of the Court.
If you want to share a significant portion of child custody and visitation it is usually in your own best interests to demonstrate to the Court that what you’re requesting is in the best interests of the child. If the parents are to co-parent the Court knows this will require communication, some cooperation and a perspective which is focused on what is best for the child(ren), not a self-interest. The skilled, proven Divorce and family law attorneys at Dodd & Dodd work with our clients to avoid strategic custody mistakes during a contentious Louisville divorce while taking actions to improve the odds of accomplishing their goals and objectives.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
