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One of the easiest methods to win a custody battle is to highlight all of your positive parenting qualities. At the same time, it is difficult to dismiss any attempt to portray your soon-to-be-ex as an unsuitable parent. This is not to suggest you should not bring up incidents of abuse or neglect, but you should not appear to be concentrating on slandering your ex.
Judges and attorneys have seen this too often. This has become very suspicious - alienating strategies. True or not, we often assume that the parent making these allegations is the less fit parent. If you are interested in winning any custody dispute, you must always remain mature and even-tempered, especially when you are appearing before a judge in court.
Although the legal system has become more skeptical of parents using alienation and malicious strategies against their former partners, it seems to be encouraging it at the same time. When making determinations related to child custody, often the judge will have to decide which parent will more frequently act in the child's best interest. Making this determination still rests on the fault model.
Although many states today have no-fault versions of divorce, fault reasoning still plays a major role in making custody determinations. Traditionally, the parent who was most "faultless" within the marriage and divorce was awarded custody of the children. Typically, the parent who was found at "fault" was the parent who either committed adultery, abused drugs or alcohol, was a physical abuser, or was guilty of child abuse or neglect.
So basically, while the courts frown upon making malicious accusations, it actually encourages it at the same time. So, as long as custody determinations will continue to be based on the fault model, we recommend you handle the other parent's negatives in a non-confrontational manner.
You should always present yourself as the parent who is better able to provide for your child's best interests, not as the parent who is spiteful and still bitter. By doing so, you will appear to be the parent with superior parenting skills.
If you require the aid of a dependable and experienced family law attorney who understands the stress, issues, and what it takes to battle for your rights and privileges in family law conflicts, please call us as soon as possible. For a consultation, call Eric child custody, the finest Irvine Child Custody Attorney, at 1-714-916-9800.
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