Gaining Custody - What NOT To Do

Ask anyone who has gotten a divorce before, and they will tell you that the process can be complicated and emotional. There are a lot of assets, possessions, and accounts that must be divided between the divorcing spouses. While dividing up all of these belongings can seem overwhelm, they pale in comparison to another thing that must sometimes be divided in divorce cases: custody of your children.

It should come as no surprise that almost every parent who undergoes a divorce wants to keep full (or, at the very least, partial) custody of their children. In many divorce cases at the Lake of the Ozarks, however, parents are not the ones who get to decide who retains custody of the children - the judge is.


If you are working to retain or receive custody of your children, we recommend you work closely with your divorce attorney in Camdenton, MO to determine the best course of action. There are several things you should and should not do in order to give yourself the best chance of retaining custody. Here is a quick look at some of the things you should NOT do.

Lose Your Temper

The judge will attempt to assign custody based on the best interests of the child. If you frequently lose your temper or display other forms of public outbursts (especially while in the courtroom), you may seem more unstable and less fit to provide a safe, nurturing environment for your child.

Fight Unfairly

Of course you want to maintain custody of your children. Everyone understands that. Bringing up irrelevant issues or trying to expose unappealing information about your ex-spouse's past, however, can reflect more negatively on you than you may realize. Rather than trying to knock your ex-spouse down, build yourself up by behaving in a calm, collected, and rational manner.

Be Uninvolved In Your Child's Life

Children need loving, stable, and supportive environments. That speckled stone your son found in the creek behind your house may not seem like a big deal to you, but it could be his new prized possession. You may have an important meeting scheduled for the same time as your daughter's dance recital, but she won't understand the work commitments - all she knows is that she wants her parent there to cheer her on. Because the judge will attempt to assign custody based on the best interests of the child, he/she will most likely give favorable consideration to the parent who demonstrates the most interest and involvement in the child's life.

Spend Your Money Frivolously

Every parent can tell you that children don't come cheap. Doctor's appointments, clothes, food, braces, and education add up quickly. As the judge tries to determine who will be able to provide for the child's best interests, they will evaluate each parent's financial stability and responsibility. Give yourself a better chance by demonstrating your ability to manage your money wisely.

Be Reckless

Throughout the process of battling for custody at the Lake of the Ozarks, it is important to remember that you are constantly being watched and evaluated. Now is not the time to drink excessively, abuse illegal drugs, or make hateful comments on social media. Your number-one priority should be to show the judge and the court your ability to be a stable, loving caregiver.

Divorce can be overwhelming and confusing at times, but our experienced divorce attorneys at the Lake of the Ozarks promise to be here to guide you through every step of the process. We understand the emotional challenges caused by divorce and custody battles, and we promise to do everything in our power to ensure you reach effective and positive resolution.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

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85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
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