Common Mistakes Made During a Custody Battle in California

Child custody battles are often contentious and filled with intense emotions, making them some of the most challenging elements of a divorce. During a custody battle, it’s imperative that you prioritize the well-being of your child in every proceeding. This is because a judge will make their decision based on what they believe is in your child’s best interests. However, it can be easy for parents to let emotions take over and lead them to make mistakes during the process.

As Bickford Blado & Botros, our firm is prepared to assist you during these intense times. Our legal team has decades of experience supporting families as they work through their respective custody battles and can fight for solutions that help you feel comfortable. We believe that every parent deserves to have a lawyer who can advocate for their interests while fighting to protect their children. Ask how our family lawyers can assist you today.

The Most Common Mistakes Made in California Child Custody Cases

With constant thoughts and serious emotions swarming your mind, it can be easy to say or do the wrong thing during a child custody battle. However, it’s essential that you focus on maintaining composure so that you can fight for your child’s interests. The following are some of the most frequent mistakes made by parents during child custody cases:

1. Failing to Respond

   Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input. It is not uncommon for spouses to have negative feelings toward each other, but in child custody cases, it is in everyone’s interest for the spouses to communicate effectively so they can form fair agreements.

   Refusing to communicate or respond to your spouse could lead the judge to believe that you are putting your feelings towards your spouse above the needs of the child. Judges will always rule in favor of what’s in the best interest of the child. You want to present yourself as someone who can provide the child with a safe and conducive environment and as someone who can take care of the child’s well-being.

   An experienced family lawyer can help spouses properly communicate together to reach an outcome that is in the child’s best interest.

2. Violating Custody Order

   Due to the fact that custody battles can become a long and drawn-out process, it is not uncommon for a temporary custody order to be issued while the final ruling is still being reviewed. If this is the case, it is in the interest of all parties for the spouses to adhere to the temporary custody order. When a temporary custody order is implemented, the final custody order can still be modified and reviewed later on.

3. Signing an Incorrect Custody Agreement

   Sometimes, custody orders can be finalized, and they contain incorrect information. It is important to review all relevant documents carefully. Once a custody agreement is signed, it can be complicated, and in some cases impossible, to reverse. It is recommended that you have a qualified family lawyer help you review any documents before agreeing to them.

FAQs

Q: How Long Do Most Custody Battles Last in California?

A: Each custody case can contain unique information and circumstances, leading to varying timelines. Generally speaking, custody battles can take anywhere from a couple of months to a couple of years, depending on the cooperation involved and the complexities of the case. To give a rough estimate, custody battles can take an average of 18 months to resolve. It should also be considered that court hearings are commonly rescheduled, delaying the process.

Q: Who Wins Most Child Custody Cases in California?

A: In California, custody cases have historically leaned in favor of the mother. However, each child custody case is different and presents unique circumstances. The judge’s biggest concern is the best interest of the child, meaning they will grant custody to whichever parent proves they can provide a stable, safe life for their child. While the court system does not contain any biases, mothers historically receive custody because of their relationships with their children.

Q: Who Are the Strongest Witnesses for a Custody Case?

A: Strong witnesses to bring in during a custody battle can include school teachers, doctors, pediatricians, coaches, social workers, and religious leaders. Anyone who may have an intimate relationship with the child or family and can speak to the parent-child dynamic could provide valuable insight that the judge may consider. First-hand events or knowledge could also prove valuable in a custody battle.

Q: How Do You Deal With a Contentious Custody Battle in California?

A: Custody battles can quickly become nasty. Under stressful and highly emotional circumstances, spouses can let their differences spill out in court. It is important that you remain aware, prepared, and cooperative in the eyes of the judge. You should also retain a family attorney who can help you navigate this process better. With the aid of a lawyer, you can trust your interests will be represented even during difficult fights.

California Child Custody Lawyers Dedicated to Your Family

A child custody battle can become a long and tedious process that is often emotionally, psychologically, and financially draining. While navigating this may seem daunting, working through a child custody case with the help of a lawyer can help you exponentially.

At Bickford Blado & Botros, we are dedicated to our clients and their families. We understand just how intense custody cases can become and are prepared to offer unbiased, compassionate assistance throughout your case. Our team shares decades of family law experience, allowing us to help our clients navigate child custody and other issues that may arise during a divorce or separation.

If you are currently involved in a child custody battle here in California, contact our legal team at Bickford Blado & Botros today. We’re prepared to advocate for you and your family, no matter what it takes.

 

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