Exposing Dirty Tricks in Child Custody Battles: What to Watch For

One would think that if a couple with a minor child is getting a divorce, they would be able to agree on what is in the best interests of that child. Unfortunately, divorcing parents don’t always see eye to eye. Some parents may use dirty tricks to win child custody, possibly as a way to get back at their ex. We hope this isn’t the case for you and your spouse, but it is still wise to be aware of common manipulative strategies spouses use in custody cases. This article will highlight some dirty tricks to win custody, what to watch for, and how to navigate them. 

Best Interest of the Child Standard

Knowing the standards the court uses helps identify some of the tricks used to win child custody. In Texas, the child’s best interest is the court’s primary consideration when deciding child custody, visitation, and financial support matters. 

There are various factors the judge can consider to determine what is in the child’s best interest. Some of the factors include:

• The child’s emotional and physical well-being;
• The existing relationship between the child and each parent;
• Any emotional or physical danger to the child that exists;
• The stability and suitability of each parent’s home;
• The parents’ abilities to meet the child’s needs;
• The child’s wishes; and
• Any history of domestic violence, substance abuse, or mental health issues for either parent that could affect the child’s well-being.

The court uses this essential information to determine whether each parent can provide the child with a safe and stable environment. Some parents manipulate these factors to win custody by appearing to be the safer and more stable parent. 

False Allegations

One tactic that some spouses use to gain custody of a child at the expense of the other spouse is to make false allegations. The allegations can be for neglect, physical or sexual abuse, or mental health issues. False claims can also be related to social behaviors, such as infidelity, substance abuse, and inappropriate relationships.

 

These are serious accusations, and some can have criminal repercussions for the falsely accused parent. A parent may make these allegations to discredit the co-parent and try to show the co-parent is unfit to provide a stable and safe home for the child.

 

If your spouse makes false accusations about you in a custody battle, document everything to refute the claims. You may also need to provide drug test results, character references, calendar or diary entries, or hire relevant experts. The judge will take all allegations of abuse and neglect seriously, as part of their job is to protect the best interests of the child. You should be prepared to prove your innocence and show you can care for your child in a safe and healthy environment. A skilled family law attorney can help advocate for you and protect your rights and reputation. 

Parental Alienation

Another example of tricks to win child custody is parental alienation. Parental alienation occurs when a parent tries to manipulate the relationship with their child or coaches the child to harbor negative feelings towards the other parent. The parent’s attempts to damage the child’s relationship with the other parent can be through:

• Brainwashing, 
• Badmouthing the co-parent, 
• Manipulating the child, 
• Lying to the child, 
• Isolating the child from friends and other family to limit their exposure to the truth, or 
• Making false accusations against the co-parent. 

As the child believes or buys into the negative things the parent says about the other parent, the child’s hostility or hatred towards the targeted parent may grow. 

 

Not only is this a dirty trick to win custody, but manipulation of this sort can cause both short and long-term harm to the child. A child experiencing parental alienation may suffer from psychological distress, long-term trauma, impaired relationship with the other parent, confusion, and resentment towards the offending parent.

 

If you suspect that your child may be experiencing parental alienation from your spouse, contact a child custody attorney as soon as possible. Proving this type of manipulation may be difficult, but an experienced attorney can help you determine what evidence you need and how to best protect yourself and your child. 

The Larson Law Office Is on Your Side

If you believe your spouse is using dirty tricks to win child custody, The Larson Law Office is on your side. Erik and Diana Larson are experienced family law attorneys. We understand the importance of protecting your time with your child and fighting against deceitful behavior that can arise during a divorce. We can review your case, identify these actions, and develop a strategy to protect your rights and your child’s best interests.   

We are a Martindale-Hubbell AV Preeminent Peer-Review Rated law firm. The Larson Law Office has also been named to the annual Texas Top Rated Lawyers list by ALM Media and Law.com since 2012. We provide personalized, one-on-one client service. 

 

Contact us today to learn how we can help you understand and deal with dirty tricks in your child custody case.