7 Common Mistakes in North Carolina Custody Cases (And How to Avoid Them) 

Protect your case and your children by steering clear of these common pitfalls.

Custody litigation is an emotional minefield. It is natural to feel angry, defensive, or hurt. However, acting on these impulses can severely damage your legal standing. Judges in Forsyth County scrutinize parental behavior to determine the “best interest of the child.” At Brazil Family Law, we help our clients navigate this scrutiny. Here are seven mistakes to avoid:

1. Venting on Social Media In the digital age, your Facebook status is evidence. Disparaging the other parent, posting about partying, or discussing case details online is a major red flag. Rule: If you wouldn’t show it to the judge, don’t post it.

2. Withholding Visitation (Gatekeeping) Unless there is an immediate safety threat (e.g., active drug use or abuse), do not unilaterally deny visitation. “Gatekeeping” creates the impression that you are alienating the other parent, which weighs heavily against you in court.

3. Using the Child as a Messenger “Tell your dad the check is late.” “Ask your mom why she didn’t sign the permission slip.” This places an adult burden on a child. Always communicate directly with the other parent or through counsel.

4. Bad-Mouthing the Other Parent Judges view the willingness to facilitate a relationship with the other parent as a key indicator of whether a parent is acting in the child’s best interests. Disparaging the other parent in front of the children is viewed as harmful to the child’s emotional health. You should not allow your child to listen to other people do it either. 

5. Introducing or Moving in a New Partner Too Soon Stability is paramount. Introducing a new romantic partner during the chaos of separation can be destabilizing for children and viewed negatively by the court. It also reflects on your judgment as a parent. You should only introduce your children to new dating partners once you have really gotten to know the person and feel that your relationship is going to go the distance.  

6. Failing to Document Keep a detailed log of parenting time, missed visits, and late pick-ups. It does not have to be fancy! You can use a note in your phone, or a physical calendar book or notepad. This data is crucial for making your arguments in your child custody case and can be crucial forp child support calculations as well.

7. Signing Agreements Without Counsel Mediation is a great tool, but never sign a Parenting Agreement without having a lawyer review it. Once signed by a judge, it is a binding order that is difficult to change.

Avoid these pitfalls with strategic guidance. Contact (336) 777-0191 for representation that protects your interests and your image in court.