Ask Dr. Steve: Custody battles turn ugly fast — The 6 moves that can backfire badly
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Steven A. SzykulaWith it being the week of Thanksgiving, custody battles are about to intensify. The holidays trigger more custody emergencies than any other time of year. Parents who’ve maintained relative civility suddenly wage war over turkey dinner, using children as weapons in battles over “fairness” and “tradition.” The aggressive moves that feel justified in these emotional moments often become the evidence that loses custody cases months later.
When custody battles turn ugly, parents’ protective instincts morph into destructive strategies. You believe you’re fighting for your children, but the tactics that feel like standing your ground actually demonstrate to judges that you prioritize winning over your children’s wellbeing. These six common moves–each seeming logical when emotions run high–consistently backfire in courts.
At tines like Thanksgiving, the decisions about holiday schedules, family gatherings, and co-parenting conflicts will resurface in court. Judges have seen every holiday power play imaginable. They remember parents who created chaos during children’s celebrations and those who sacrificed personal preferences for peaceful holidays.
The Six Backfiring Moves
Move #1: The Holiday Ambush
Q: What is a “holiday ambush” and why does it backfire?
A: Unilaterally changing holiday plans, showing up uninvited to the other parent’s celebration, or telling children about “better” plans that contradict court orders. Parents justify this as “tradition” or “what children want,” but judges see it as inability to respect boundaries and court authority. Courts report emergency hearings triple during Thanksgiving from parents attempting holiday ambushes. The parent who disrupts children’s holidays often loses future holiday time entirely.
Q: How should I handle unfair holiday schedules?
A: Follow current orders exactly while documenting concerns for future modification. Propose detailed holiday schedules for next year in writing. Offer makeup time if you’re getting extra. Never promise children something contradicting court orders. If orders are vague, propose specific interpretation in writing before holidays. Judges reward parents who prioritize peaceful holidays over “winning” specific days.
Move #2: The Nuclear Option — False Emergency Allegations
Q: Why do false emergency allegations explode during holidays?
A: Emotional triggers peak during family celebrations. Parents catastrophize minor issues or manufacture emergencies hoping to prevent holiday visitation. Filing false emergency motions — abuse allegations without evidence, exaggerated illness claims, or manufactured safety concerns–might delay one visit but destroys long-term credibility. Judges track parents who repeatedly file pre-holiday emergencies. Pattern recognition leads to custody reversal.
Q: What if I have genuine concerns during holidays?
A: Document specifically with photos, witnesses, or professional opinions. Contact your attorney before taking action. If truly urgent, involve authorities who create official records. But ask yourself: Is this immediate danger or holiday emotion? Real emergencies are rare; manufactured ones are obvious. Judges distinguish between protective parents and those weaponizing the system.
Move #3: The Alienation Campaign
Q: How do holidays accelerate alienation campaigns?
A: Holidays provide maximum emotional manipulation opportunities. “Daddy won’t let you spend Christmas morning with me” or “Mommy is keeping you from Grandma’s Thanksgiving.” Creating competing celebrations, guilt-tripping about missing traditions, or having children “choose” between parents’ events. Extended family often unknowingly participates. Child psychologists report holiday alienation causes lasting trauma exceeding the divorce itself.
Q: What if my child genuinely doesn’t want to go?
A: Unless safety concerns exist, support the visit. Say “I know transitions are hard, but you’ll have fun once you’re there.” Never celebrate refused visitation. Document resistance neutrally but don’t interrogate. Children often resist transitions but enjoy visits once there. True alienation shows consistent patterns beyond holidays. One refused Thanksgiving doesn’t justify custody changes; patterns of interference do.
Move #4: The Public Shaming Strategy
Q: Why does social media shaming backfire so severely?
A: Holiday posts reach maximum audience when emotions run highest. “Spending Thanksgiving alone because some people only think of themselves” or posting empty chair photos generates sympathy but becomes courtroom evidence of inability to protect children from adult conflict. Family and friends’ supportive comments become witnesses to your poor judgment. Judges, evaluators, and guardians ad litem see these posts.
Q: How should I handle holiday social media?
A: Post nothing about custody, your ex, or children’s absence. Share positive moments from your time without commentary about missing children. Never respond to your ex’s posts. Block or restrict access during high-conflict periods. If extended family posts inappropriately, request removal immediately. Your silence demonstrates maturity; their posts reveal instability.
Move #5: The Financial Weapon
Q: How do parents weaponize money during holidays?
A: Withholding support before holidays claiming “they won’t use it for children.” Buying expensive gifts to outshine other parent. Refusing to share gift-giving plans causing duplicates. Telling children about support issues. Making holiday travel impossibly expensive. These tactics backfire because judges see financial manipulation as harming children. Parents who ensure children enjoy both households’ celebrations demonstrate true child focus.
Q: What about unequal gift-giving abilities?
A: Communicate about significant gifts to avoid duplicates. Don’t compete–children need parents, not presents. If you have less resources, focus on experiences and traditions. Never tell children you can’t afford gifts because of support payments. Document if other parent undermines your gifts or claims credit for yours. Judges understand economic disparities but expect both parents to contribute within means.
Move #6: The Recording Trap
Q: Why do secret recordings backfire?
A: Many states require all-party consent for recordings. Illegal recordings can’t be used in court and may result in criminal charges. But beyond legality, recording demonstrates inability to communicate directly. Parents who record children describing visits violate therapeutic boundaries. Judges view recorders as conflict-escalators, not protective parents. The recorder often appears more problematic than recorded content.
Q: How do I document concerning behavior without recording?
A: Write contemporaneous notes immediately after incidents. Obtain witness statements. Use written communication (text/email) that naturally creates records. Take photos of visible concerns. Request welfare checks that create official reports. Have neutral third parties present during exchanges. Legal documentation protects you; illegal recording endangers your custody.
Additional Holiday-Specific Guidance
Q: What about introducing children to extended family or new partners during holidays?
A: Holidays aren’t appropriate for first introductions — too much pressure and emotion. If new partners attend, keep affection minimal and focus on children. Extended family should be briefed to avoid discussing court matters. Document if other parent brings inappropriate guests but don’t interrogate children. Judges favor parents who maintain familiar, comfortable holiday experiences during transition periods.
Q: How do I handle children’s emotional reactions to split holidays?
A: Validate feelings without feeding them: “It’s hard having two celebrations, but you’re lucky to be loved in two homes.” Don’t promise future changes you can’t guarantee. Maintain your own emotional regulation — children mirror parental anxiety. Create new traditions rather than mourning old ones. If children struggle significantly, propose family therapy rather than custody modification.
Q: What if we don’t have specific holiday orders?
A: Default orders typically alternate major holidays yearly. Without specifics, propose detailed schedule in writing now. Include times, exchange locations, and who provides transportation. Be generous–judges notice who facilitates versus obstructs. If agreement seems impossible, file for specific orders before next year. This year, document your reasonable proposals and other parent’s responses.
Q: Should I skip my holiday time to avoid conflict?
A: No. Surrendering court-ordered time suggests it’s unimportant and sets precedent. However, be flexible about specific timing if it benefits children. Offer makeup time for accommodations you request. Document all agreements in writing. Missing ordered time without agreement can be seen as abandonment. Fight for your time appropriately — through court, not conflict.
Closing
The moves that feel powerful in custody battles–ambushes, allegations, alienation, shaming, financial manipulation, and recording–consistently backfire because they reveal your true priorities to judges. Courts recognize that parents who use these tactics will continue creating conflict regardless of custody arrangements, making them unsafe choices for primary custody.
This Thanksgiving week, you’ll face situations that trigger every protective and competitive instinct. Your ex might violate agreements, manipulate children, or ruin traditions. The urge to fight fire with fire will be overwhelming. But your response in these heated moments becomes the evidence that defines your custody case.
Choose to be the parent who ensures peaceful holidays despite provocation. Document quietly, respond calmly, and prioritize children’s joy over personal justice. The parent who “loses” Thanksgiving by being flexible often wins custody by demonstrating superior judgment. Judges remember who created chaos and who maintained peace during children’s precious holiday memories.
Your children will remember these holidays forever–not whose house had better food or bigger presents, but which parent made them feel safe and loved despite the divorce. Be the stability they need. Your restraint this week could determine your custody next year.
For parents facing holiday custody conflicts or needing documentation of concerning behaviors during high-conflict divorces, comprehensive psychological evaluation can provide objective assessment of family dynamics. This article was written by Dr. Steve Szykula and Jason Sadora at Comprehensive Psychological Services (WeCanHelpOut.com) which offers emergency consultation for holiday custody crises and detailed evaluations that help courts understand the impact of parental conflict on children’s wellbeing.

