Inappropriate Communications to Avoid in a Tennessee Custody Battle: Part 1

Understanding the Impact

During a custody battle, every statement you make could come under the scrutiny of a court of law and potentially be used against you. It is crucial to understand what kind of statements might undermine your child custody or visitation case. Otherwise, at the end of your custody or visitation case, you may be surprised by the unexpected consequences of actions you did not fully understand or think through.

Your words can carry great weight, impact your custody or visitation case, and even impact your parental rights. While an emotional outburst or offhand comment might be perfectly human, and a normal response to high stress, emotional situations: they will almost never help you in this context. Unchecked outbursts and inappropriate comments can be interpreted as an indication of your character and parenting ability. Remember, in a child custody and visitation case the real item at issue is the child – not you. So while it might be natural to want to say or do unchecked, emotional acts – it is not in your child’s best interest.

It will empower you as a parent to understand the effect that your language and behavior can have in a child custody and visitation case. This article is the first installment of our two-part series on inappropriate statements, behaviors, and communications that parents should strive to avoid in a Tennessee custody or visitation case.

First – Child’s Best Interest

Regardless of what is going on with your estranged ex – remember that children are very impressionable and your words and actions will have a lasting impact on them. Hostile, volatile, emotionally-unstable environments do not serve your children. Maintaining a respectful demeanor and practicing restraint when discussing your child’s other parent or the custody proceedings can do a lot toward helping your child navigate through this process.

Common Mistakes in Communications

Communication with your estranged ex during a custody case or visitation dispute can be challenging. But it is a mistake to allow your emotions to govern your actions. Inflammatory or accusatory language simply puts more pressure on an already volatile situation. And it is unfair to use your children as messengers between you and your ex. Particularly if one parent responds to the messages in an emotionally charged or explosive way.

It is also critical for parents to understand: anything you do that leaves a record can be submitted as evidence in court.  This means social media posts. This includes text messages, and emails, and voicemails, etc. It is vital to keep communications civil, only say what you mean, and before you send that message out, consider if you would feel comfortable reading a transcript of it aloud in a courtroom.

Another common mistake is being obstinately uncooperative in communications or other matters involving your children. Demonstrating your ability and willingness to coparent (or lack thereof) can have major implications on your custody rights and future access to your children. Demonstrating to the court that you are willing to work with your ex will be viewed positively by the court. Conversely, inability or unwillingness to adhere to a parenting plan could result in you losing certain custody rights. Constructive dialogue will always serve you better.

Contact Fort, Holloway & Rogers

The Franklin child custody attorneys at Fort, Holloway & Rogers can help you chart a strategic and mindful course through any legal hurdles that may lie ahead. Contact our experienced team today to discuss the specifics of your own case.

Sources:

forbes.com/sites/patriciafersch/2024/02/09/electronic-communication-and-social-media-at-trial-in-family-court/

newsweek.com/kanye-west-jeopardizing-child-custody-social-media-posts-divorce-kim-kardashian-1684146