Top 5 Mistakes in Child Custody Cases (and What to Do Instead)
Child custody matters are among the most personal—and most stressful—issues a family can face. Emotions can run high, and small missteps can have large consequences. The good news: many common pitfalls are preventable with calm planning and steady guidance. Below are five mistakes we see most often, and practical alternatives that keep the focus where it belongs—the best interests of your child.
1) Speaking Negatively About the Other Parent
How this impacts your child and your case: Judges look for parents who support their child’s healthy relationship with both parents (when it’s safe to do so). Name-calling, put-downs, or coaching a child to take sides can be viewed as undermining that relationship.
What to do instead:
- Keep adult conversations between adults; avoid venting in front of your child.
- Use neutral, child-focused language about schedules and transitions.
- If you need to decompress, talk to a counselor, trusted friend, or your attorney—not your child and not social media.
2) Ignoring Court Orders or Custody Agreements
How this impacts your child and your case: Even when something feels unfair, unilaterally changing the plan can lead to fines, make-up time for the other parent, attorney’s fees, or in serious cases, changes to custody.
What to do instead:
- Follow the order as written. If circumstances change (work hours, school needs, health), seek a formal modificationrather than self-help.
- Document issues with dates, times, and facts—not opinions.
- Communicate early when a conflict arises; propose concrete solutions (e.g., “I can swap Wednesday for Thursday this week”).
3) Withholding Visitation Without Legal Grounds
How this impacts your child and your case: Courts distinguish between true safety concerns and disagreements. Withholding time without a legal basis can be viewed as gatekeeping.
What to do instead:
- If safety is a real concern, document specifics (texts, police reports, medical notes) and speak with your attorney promptly about temporary orders or supervised visitation.
- For non-safety issues (late pickups, minor schedule conflicts), stay child-focused and use the tools in your order (make-up time, mediation, parenting coordinator).
4) Posting Irresponsibly on Social Media
How this impacts your child and your case: Posts, photos, DMs, and comments can be gathered and used as evidence. Sarcasm rarely reads as sarcasm in a courtroom. A single post can undercut months of careful work.
What to do instead:
- Assume a judge may read anything you publish or send.
- Avoid sharing details about the case, the other parent, or your child’s private information.
- Consider pausing accounts or setting strict privacy controls—then still post as if nothing is private.
5) Influencing a Child’s Views About the Other Parent
How this impacts your child and your case: Children feel pressure—spoken or unspoken—to “choose.” Courts prioritize stability, routine, and minimizing conflict. Coaching, quizzing, or rewarding “taking sides” can be harmful.
What to do instead:
- Encourage your child to share everyday experiences with both parents.
- Keep transitions simple: a short, steady goodbye works better than a tearful exit.
- If your child expresses fear or discomfort, note the details and speak to your attorney about appropriate steps (counseling referrals, modifications).
Practical Habits That Help Your Case
- Document, don’t dramatize.Keep a simple log (dates, times, what happened). Facts help; editorializing doesn’t.
- Use co-parenting tools.Apps like OurFamilyWizard® or similar can create a reliable record of messages, calendars, and receipts.
- Stay child-focused in communications.Short, neutral, and about logistics (“drop-off 5:30 pm at school”).
- Bring solutions.Courts appreciate parents who propose workable fixes rather than only pointing out problems.
- Ask early.Small questions now can prevent major problems later.
Custody cases are stressful, but you don’t have to navigate them alone—or perfectly. Steady choices add up: follow orders, protect your child’s routines, communicate respectfully, and ask for help when you need it. At Cuccia Wilson, our approach is simple: Daily counsel for your business and family—putting decades of experience to work every day for Texas families. We take time to understand what matters most to you and to your child, and we guide you one step at a time.
This article is for general information only and isn’t legal advice. Every case is unique; if you have questions about your situation, contact us today to schedule a free initial consultation with our Family attorneys.

