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Ask Dr. Steve: Want full custody? These common mistakes could kill your chances before court day

By Steven Szykula, PhD and Jason Sadora, CMHC - Special to the Standard-Examiner | Nov 22, 2025

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Steven A. Szykula

Most custody cases are lost long before anyone enters a courtroom. Parents unknowingly sabotage their chances through actions that seem harmless or even protective at the time. By the time they realize their mistakes, the damage is documented, witnessed, and often irreversible. Understanding these pitfalls before you make them could save your custody case — and your relationship with your children.

The pursuit of “full custody” itself often becomes the first mistake. Utah courts strongly favor shared parenting when both parents are fit, and aggressive pursuit of sole custody without serious safety concerns signals unwillingness to co-parent. Parents who demand everything often end up with less than those who demonstrate reasonable flexibility and child-focused thinking.

Every text you send, social media post you make, and decision about your children creates evidence that will follow you into court. Utah family law attorneys consistently report that clients’ pre-court behavior determines outcomes more than courtroom performance. The mistakes you avoid today protect the custody arrangement you need tomorrow.

Understanding Pre-Court Custody Mistakes

Q: What’s the biggest mistake parents make when pursuing full custody?

A: Pursuing full custody without legitimate safety concerns. Utah’s presumption favors shared parenting, and judges view unnecessary full custody requests as hostile co-parenting indicators. Unless there’s documented abuse, neglect, or severe instability, requesting sole custody immediately positions you as the unreasonable parent. Utah judges report that parents demanding full custody often receive less time than those requesting reasonable shared arrangements.

Q: How do social media posts destroy custody cases?

A: Everything posted becomes potential evidence. Photos at parties suggest prioritizing social life over parenting. Complaints about your ex show inability to co-parent respectfully. New relationship photos during separation imply moving too fast. Even “innocent” posts reveal schedule inconsistencies or financial priorities. Utah attorneys advise complete social media abstinence during custody disputes. Privacy settings don’t matter — opposing counsel will find posts through mutual friends.

Q: What texting mistakes hurt custody cases most?

A: Angry, threatening, or sarcastic texts provide permanent evidence of poor emotional regulation. Discussing adult matters demonstrates inability to shield children. Refusing to respond about children’s needs shows non-cooperation. Excessive texts appear controlling or harassing. Late-night emotional messages suggest instability. Every text should pass the “judge reading this aloud in court” test. Utah courts regularly admit text threads as primary evidence.

Q: How does dating during separation affect custody?

A: Introducing new partners to children during separation devastates custody cases. It suggests poor judgment, prioritizing personal needs over children’s stability, and inability to help children process divorce before adding complications. Judges question parents who can’t remain single during children’s most vulnerable period. Even dating without introductions raises concerns if it affects parenting time or financial resources. Wait until divorce finalizes and children adjust.

Q: What’s “self-help” custody and why is it dangerous?

A: Taking children and refusing court-ordered visitation, changing locks to prevent access, or unilaterally altering arrangements without court approval. Parents justify this as “protecting” children but judges see it as contempt of court and parental alienation. Unless there’s immediate danger requiring police involvement, follow court orders while seeking emergency modifications. Self-help custody often results in custody reversal to the other parent.

Q: How do parents accidentally coach their children?

A: Asking leading questions: “Did daddy yell at you?” instead of “How was your visit?” Discussing court proceedings within earshot. Rewarding negative reports about the other parent with attention or comfort. Children naturally want to please and will unconsciously provide answers they think parents want. Coached testimony is obvious to evaluators and judges, severely damaging credibility. Let children share naturally without prompting.

Q: What financial mistakes impact custody?

A: Hiding assets, quitting jobs to avoid support, or excessive spending on personal interests while claiming inability to provide for children. Making large purchases during separation shows financial irresponsibility. Failing to pay temporary support creates documented non-compliance. Conversely, using money to control or limit other parent’s access backfires. Judges want to see financial decisions prioritizing children’s stability.

Q: How does bad-mouthing affect custody even if kids don’t hear?

A: Speaking negatively to friends, family, or new partners creates witnesses who may testify. Children sense tension even without hearing specifics. Extended family may unconsciously transmit negativity to children. Public complaints reach children through schoolmates’ parents or social media. Judges recognize that parents who can’t control public commentary won’t shield children privately. Utah is small — assume everything gets back to court.

Q: What documentation mistakes do parents make?

A: Over-documenting trivial issues makes you appear conflict-seeking. Under-documenting serious concerns leaves you without evidence. Emotional journaling versus factual logs reduces credibility. Recording without consent violates Utah law. Failing to document positive exchanges creates skewed narrative. Keep businesslike logs: date, time, factual description, witnesses. Medical records and school reports carry more weight than personal documentation.

Q: How do parents sabotage their own psychological evaluations?

A: Attempting to “coach” answers instead of being genuine. Presenting as perfect parent without acknowledging any challenges. Focusing entire evaluation on other parent’s flaws. Bringing children into adult issues during observed interactions. Missing appointments or arriving late. Arguing with evaluator’s questions. Refusing psychological testing. Evaluators easily identify manipulation attempts, which become central findings against you.

Q: What school-related mistakes hurt custody cases?

A: Not knowing teachers’ names, missing parent-teacher conferences, or being uninvolved in education suggests disengagement. Conversely, excluding other parent from school information or events demonstrates alienation. Making unilateral education decisions shows inability to co-parent. Fighting at school events traumatizes children publicly. School district personnel may be subpoenaed — assume all interactions are potential testimony.

Q: How do living arrangements affect custody before court?

A: Moving in with new partners or multiple roommates suggests instability. Inadequate sleeping arrangements for children reduces overnight possibilities. Living far from children’s schools complicates logistics. Frequent moves indicate instability. Unsafe neighborhoods raise concerns. Judges prefer stability — maintaining family home or establishing appropriate separate residence early strengthens position. Document improvements made for children’s comfort and safety.

Q: What medical/therapy mistakes damage custody cases?

A: Missing children’s medical appointments, not following treatment recommendations, or “doctor shopping” for preferred diagnoses. Taking children to therapy without other parent’s knowledge appears manipulative. Discussing custody with children’s therapists violates therapeutic boundaries. Refusing to consent to needed treatment shows poor judgment. Medicating without consultation demonstrates unilateral decision-making. Medical records from providers become court evidence.

Q: How does interference with visitation hurt cases?

A: Scheduling activities during other parent’s time, being consistently late for exchanges, or “forgetting” to pack necessary items. Creating obstacles like refusing to meet at neutral locations. Using children to communicate schedule changes. Making exchanges emotionally difficult. These patterns document non-cooperation. Even if other parent doesn’t complain initially, patterns emerge in court. Document all exchanges neutrally.

Q: What should I do if I’ve already made these mistakes?

A: Stop immediately and acknowledge errors if addressed in court — judges respect honesty over denial. Document positive changes consistently. Consider therapy to address underlying issues. Request custody evaluation to demonstrate current capacity versus past mistakes. Focus on children’s needs going forward rather than justifying past behavior. Many parents recover from early mistakes through sustained positive change.

Closing

The pursuit of custody begins the moment you decide to separate, not when you file court papers. Every action, communication, and decision becomes part of the narrative judges will evaluate. The mistakes that destroy custody cases aren’t usually dramatic events but patterns of behavior that reveal inability to prioritize children over personal conflicts.

Parents who succeed in custody cases understand that winning isn’t about defeating their ex — it’s about demonstrating superior ability to support their children’s overall wellbeing, including their relationship with the other parent. This requires emotional maturity, strategic thinking, and often personal sacrifice that feels unfair in the moment but serves children’s long-term interests.

The mistakes outlined here are completely avoidable with awareness and self-control. Before sending that text, making that post, or taking that action, ask yourself: “How would this look to a judge?” and “Does this serve my children or my ego?” The temporary satisfaction of winning a battle with your ex isn’t worth losing the custody war.

Remember, judges have seen every tactic and recognize manipulation instantly. They’re looking for parents who can rise above conflict, demonstrate stability, and facilitate healthy relationships. Be the parent your children need, not the warrior your hurt demands. Your restraint today protects your custody tomorrow.

For parents concerned about custody mistakes already made or wanting evaluation before court proceedings, comprehensive psychological assessment can identify issues and demonstrate current parenting capacity. This article was written by Dr. Steve Szykula and Jason Sadora at Comprehensive Psychological Services (WeCanHelpOut.com) which provides detailed evaluation that helps courts understand your growth, stability, and commitment to your children’s best interests despite past mistakes.

Starting at $4.32/week.

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