If you are getting a divorce with children involved, you and your soon-to-be ex-spouse may have different ideas on who should have primary custody. If that is the case, you’re likely to face a fully-fledged custody battle in court. Although it is perfectly understandable to be frustrated, angry, and resentful toward the other party, disparaging spouse during custody battle may very well hurt your case. This is particularly true if you talk badly about the other parent to your child or another person while your child is in earshot.
Here’s why you should be cautious and keep any discussion of your feels about your soon-to-be ex-spouse confined to yourself.
This Will Cause Conflicting Feelings in the Child
Even reasonably amicable divorces are complicated for children, but those in which one or both parents have allowed their anger to take control over their words and actions may suffer lasting emotional damage.
One of the worst things you can do is make children feel like they have to choose between you or their other parent. Often, the parent who does the most disparaging is the one who pays for it later on when their children resent them well into adulthood.
This May Be Used Against You in Court
Disparaging spouse during custody battle is likely to be looked at unfavorably by the judge. In some cases, it can even be considered parental alienation. Especially if you tell your child that the other parent doesn’t love them, make false allegations of abuse, or by asking them to spy on the other parent.
Besides in-person conversations, you should also be careful about what you say on social media about the other parent or the divorce in general. You may believe that the conversation is taking place privately. However, private digital discussions often find their way to the light of day. Excluding the other parent from actual events such as birthdays, holidays, and school plays may also be considered alienation.
In extreme cases, the other parent may even bring civil charges against a parent who has caused significant damage to their relationship with the child or children.
Contact Mohajer Law Firm
Please feel free to contact us for a free consultation. As a contributing member of the family law section of the Los Angeles County Bar Association with over 12 years of experience, we can help ensure smooth sailing through the often rocky waters of divorce proceedings.
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