Parents involved in a custody battle during a divorce may have the impulse to bad mouth their ex to their child. They may believe that this will help them in their case. Unfortunately, it's likely to have the exact opposite effect. Any divorce attorney would argue this point, making it important to understand why parents shouldn't engage in this behavior.

The Courts Don't Look Kindly On It

Badmouthing an ex is considered one of the biggest mistakes a parent can make during a divorce. Why? Courts are very negative towards this kind of behavior because they believe that it needlessly hurts the child by creating a negative opinion of their parent.

The courts and most divorce attorneys believe that parents should be fostering a positive relationship between all members of the family during a divorce. A parent who is badmouthing their ex is showcasing negative and selfish behavior that may be punished.

Often It Can Have A Very Negative Effect On Custody

Judges base their custody decisions on the best interest of the child. If a parent is badmouthing the other parent to the child, a judge may react very harshly to this behavior. In fact, they might decide that it showcases a lack of respect for the child and the other parent and that granting custody to the badmouthing parent may not be in the child's best interest.

In fact, they may even declare this parent to be unfit and remove all custody. Typically, though, this extreme reaction is more likely if the parent has shown signs of abuse. In this case, the judge may term badmouthing behavior to be child abuse and remove a parent's custody. Fighting these claims with a good divorce attorney is essential for keeping custody of a child.

Managing This Problem If It Occurs

What happens is a parent has already bad-mouthed the child's other parent? There are still ways to counterbalance this problem with a skilled attorney. For example, if a parent can show they have steady employment, a large amount of time investment with their child, and great character references, the judge may overlook their negative badmouthing.

A parent can also get a mental health assessment to indicate their emotional stability versus that of the other parent. Apologies for this behavior and an explanation of it from a psychiatrist may all help the judge better understand badmouthing behaviors. Being willing to work with the other parent and the court will also showcase an improved attitude that will please the judge.

While getting custody of a child after badmouthing their other parent can be difficult, it isn't impossible. Admitting a mistake has been made, and working with a high-quality divorce attorney, can help counteract this danger in a positive way.

To get more information, you will want to contact a company such as Larson, Latham, Huettl Attorneys.

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