Fatal Mistakes Dads Make During Custody Battles


Divorce is never easy to go through, especially if children are involved. But although the divorce is going to be difficult for both spouses, the custody battle is often going to be much more difficult for the father.

This is because many states view the mother as the primary caregiver, and thus makes it that much more difficult for the father to make their case in court. That is why it is so important to avoid placing additional burdens on yourself before and during the custody fight.

Read on to learn more about the four fatal mistakes dads make during custody battles.

Leaving the Family Home

In many cases, when married couples can’t deal with living with each other anymore, the father is going to likely be the one to remove themselves from the situation.

Understandably, most people would want to do the very same thing, but unless you’re in immediate danger, you should avoid going this route. This is because leaving your home for a prolonged period of time can look very bad in the eyes of a family court judge. You are essentially creating an image of yourself as someone who might abandon their children.

“Bad-Mouthing” the Children’s Mother

One of the most common misconceptions about child custody cases is that you’re only going to be dealing with your spouse and the judge. This is false; in fact, it’s likely that witnesses will also be called into court.

Suppose they tell the court that you have been “bad-mouthing” your ex wife throughout the process; that could shed a negative light on you throughout the rest of the case.

Here are a few things you can do to avoid being accused of talking ill of your wife.

  • Do not post negative things on social media about your wife/her family.
  • Do not vent before your friends and family.
  • Do not rant to your co-workers about your wife.

Not Hiring an Attorney

As the saying goes, just because you can doesn’t mean you should. In this case, just because you can represent yourself in court doesn’t mean you should. As stated above, these types of cases can be very difficult for a father to win.

So, having an experienced attorney at your side is so important. In addition, an attorney provides you with the ability to spend more time with your children as they take care of most of the complex paperwork that is needed in a case.

Defying Court Orders

Your ultimate goal in a custody case is to prove to the court that you are the best parent to take care of your children. However, time and time again, fathers will not adhere to the orders issued by the courts in their cases.

In most of these child custody battles, a judge will place temporary orders that state who has sole custody and who has visitation rights. When you defy those orders, you are essentially telling the judge that any order they impose will not be taken seriously. This, of course, can drastically affect the outcome of your child custody battle.


As you can already see from our post, there are several scenarios that you should avoid placing yourself in as a divorcing father. If you want to win a custody battle, you need to avoid all the mistakes mentioned here. Also, it may pay off in the long run to research more about what does child custody for fathers means before your case goes to court.

About the author

Lynda King

While she had a solid education in law, Lynda King wanted more than a job as a lawyer. She knew that people needed information and a better understanding of everyday legal matters, so she began writing articles and guidelines to educate individuals and businesses. Now, Lynda is collaborating with Farzad & Ochoa Family Law Attorneys, being proud that her knowledge and writing talent are helping everyone every day.

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