Navigating Custody Battles: What to Do (and Not Do) in a Custody Battle

Custody battles are often the most challenging part of a divorce, especially when emotions run high. In our interview, we discussed some of the most important dos and don’ts when it comes to fighting for custody of your children. Here’s a breakdown of that advice.

The Importance of Co-Parenting: A Must for Custody Battles

One key piece of advice shared in the interview was the importance of facilitating a relationship between your child and the other parent. Courts look favorably on parents who are willing to work together and make decisions in the best interest of the child. Refusing to allow visitation or trying to prevent the child from seeing the other parent can hurt your case. It’s not just about the law; it’s about what’s best for the child’s emotional well-being.

In the interview, it was emphasized that you must love your children more than you dislike your ex-spouse. The key to winning a custody battle is proving you’re willing to put the child’s needs ahead of personal feelings toward the other parent.

What Not to Do in a Custody Battle: Avoiding Harmful Actions

During the interview, it was also mentioned that badmouthing the other parent is one of the most damaging things you can do in a custody case. Whether it’s in front of the child, on social media, or in court, speaking negatively about the other parent only hurts the child’s self-esteem. Kids are often caught in the middle and may feel torn between parents. Parental alienation, or attempting to turn the child against the other parent, is one of the most serious mistakes a parent can make.

Additionally, it was pointed out that social media can come back to haunt you. Posting angry or defamatory comments about your ex-spouse online, or sharing inappropriate content related to the divorce, can be used against you in court. It’s important to stay respectful and avoid airing grievances publicly.

Respecting the Court: Why It’s Essential to Stay Civil

The interview also discussed the importance of respecting the court process. If you walk into court with a bad attitude, not only will the judge notice, but it will reflect poorly on your ability to co-parent. It was suggested that you always come prepared, with a clear understanding of what you want to address in the custody hearing.

Maintaining respect for the judicial officer and the legal process is crucial, and your behavior in court should reflect your commitment to doing what’s best for your child.

Recent Custody Case in Wisconsin: The Role of Marijuana Use

In one particularly recent custody case, a parent’s marijuana use became a major point of contention. While marijuana is legal in neighboring states like Illinois and Michigan, Wisconsin still maintains strict laws against it. This often creates a legal grey area when marijuana use is involved in custody disputes.

In this case, one parent used marijuana in a state where it was legal but continued using it once returning to Wisconsin. The other parent raised concerns about the potential impact on the children, especially regarding safety and parental fitness. The court’s response was mixed, with some judges viewing marijuana use similarly to alcohol consumption—something widely accepted in Wisconsin—but others took a harder stance, as it remains illegal in the state.

This case highlighted the ongoing confusion surrounding marijuana use in family law and the difficulties courts face in determining how such use impacts a parent’s ability to care for their children.

What’s the Legal Reality for Parents Using Marijuana?

The courts in Wisconsin are divided on how to handle marijuana use in divorce or custody cases. Some judges may view the use of marijuana, even legally in neighboring states, as problematic due to its continued illegal status in Wisconsin. If one parent is using marijuana, particularly in the presence of children, the other parent might raise concerns about their fitness as a caregiver. The issue becomes more complex when children are involved, and this example underscores the unpredictability of how the courts will rule on such cases.