Emotions can easily get riled up when you are splitting with your significant other, and the situation often becomes much worse when children are involved. If you have a valid reason to believe that your children are not safe with the other parent, then you should make that clear in court and make sure you try and bring as much proof as possible against the abusive parent.
However, if the other parent is not a threat to your child’s safety and you simply don’t want your children spending more time with them because of your differences, then you should make sure you don’t come off as overbearing and demanding in court, as that can work directly against you in terms of your ability to spend time with the children.
If you want to remain an active part of your child’s life, you need to make sure you don’t do or say anything reckless in court that can prove to the judge and jury that you are not fit to be a proper parent. If the other party provides any form of evidence proving you are a threatening person or that you are not mentally fit to be alone with the kids, it can work against your character and decrease the overall time allotted to you to spend time with your children.
You should also avoid doing anything illegal during the divorce process, such as hiding your assets. Many individuals get tempted to do this because they believe they will not have to give as much money to the other party, but it is usually very easy to get caught in such lies and you will end up regretting it significantly as it shows the judge that you do not have good character.
In custody battles, you should also make sure you do not tell the children unpleasant things about the other parent as this will also work against you in court.
Looking at the best interest of the child in Queens, New York
Though every custody battle is different, they all share one thing in common, and that is the court will always look at what is in the best interest of the child. If the court feels like the children are not safe with one parent, or they feel like one parent is not befitting to raise the children due to any mental, physical, or sexual abuse they carried out, then that parent can lose their rights over their child.
Get in touch with a family lawyer at the Law Office of Charles Zolot today to discuss what steps you should take to make sure you win the most time possible with your children after your divorce.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640