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The Dos and Don’ts of Winning Your Child Custody Battle in Brainerd, MN

by | Dec 14, 2020 | Child Custody, Firm News

If you are getting a divorce and have children, the most challenging part of your legal separation will be the child custody battle. In their heart, both parents are committed to winning the primary physical child custody. However, most custody battles are difficult to win, owing to the complications involved in such cases.

Custody battles are also time-consuming, expensive, and emotionally draining. You need to have a proper plan of action to increase your chance of winning custody. If you are consulting an experienced child custody lawyer in Brainerd, they will probably discuss a strategy with you before filing for custody.

If you haven’t already hired an attorney, the following dos and don’ts can prove helpful.

1. Try to Work Out a Solution with Your Ex

One of the best ways to resolve a custody dispute quickly and cost-effectively is to collaborate with your spouse. As parents, you both have the right to love and take care of your children. Even if you have fallen apart with your ex, they are still a part of your children’s lives.

Showing a willingness to resolve the custody dispute amicably can benefit your children in the long run. Before resorting to any legal means, make sure to sit down with your ex and discuss the issue.

Be practical when deciding who gets primary physical child custody. As a parent, you should always keep your children’s best interests in mind when making these decisions.

2. Don’t Despise Your Ex

Another essential measure is to keep your emotions out of the picture until your child custody dispute settles. Trash-talking your ex in front of the judge and the jury, or even your experienced child custody lawyer in Brainerd is not a good idea. Talking negatively about your ex is usually frowned upon by almost everyone involved in this legal process.

You should also not speak negatively about your ex to your children. Many divorcing couples use their children as pawns to assassinate the character of their spouse. However, this strategy is almost always likely to backfire in court. Plus, you will be putting your children through additional emotional stress in what already seems like an unbearable situation for them.

3. Document All Your Communication

If possible, try to communicate with your ex. You need to proactively inform your ex about your children’s schedule, school activities, medical appointments, and other social activities.  However, make sure to document all your communication. Keep a record of everything from text messages and emails to voicemails and video chats. You can talk to your attorney about any additional precautions you need to take when communicating with your ex.

Your communication is a critical piece of evidence that can help prove your willingness to cooperate. So, make sure to share your children’s report cards, activity schedules, and other important stuff with your ex. Documenting communication can also help prove your ex’s unwillingness to collaborate, strengthening your chance of winning the custody battle.

4. Don’t Behave Recklessly

As soon as you start your custody battle, your experienced child custody lawyer in Brainerd will tell you to be on your best behavior. Make sure to take their advice seriously. You need to avoid any friction with the law while your child custody case is going on.

You must never drink too much alcohol or consume any drugs even when your kids are not around. Remember, a simple DUI can also impact the outcome of your child custody case. The court may see you as an irresponsible or reckless individual, deeming you unfit as a parent. Apart from ruining your chances of winning custody, these poor life choices will also hurt your children.

5. Make Sure to Follow Court’s Requests

As mentioned, child custody battles are time-consuming. Until there is a verdict, the court will pass several temporary orders for both parties. These orders are meant to ensure the well-being of children until the process is complete.

Whether you need to attend a counseling session or share your children’s schedule with your ex, you need to follow every request the court makes of you. By doing so, you can show the court your commitment to cooperate and resolve the dispute amicably.

6. Don’t Hide Anything from Your Lawyer

Lastly, try not to hide anything from your attorney. If you withhold information or lie, not even an experienced child custody lawyer in Brainerd can help you win. Make sure to provide your lawyer with all the facts related to your custody dispute.

Don’t exaggerate any facts about your ex. Your ex’s lawyer will unearth your secrets at some point during the custody dispute, making it difficult for your lawyer to win the case. Whether you are seeing a psychiatrist or were arrested for a DUI recently, make sure to share this information with your attorney immediately.


While hiring the best attorney can help increase your chances of winning child custody, you also need to take a few additional precautions. Although there are no guarantees, hopefully, these dos and don’ts can help strengthen your case. However, no two child custody disputes are the same. So, make sure to consult your lawyer before making any decisions.

Talk to an Experienced Child Custody Lawyer in BrainerdNow

Most child custody disputes are challenging, requiring you to hire competent, experienced, and professional lawyers like Carlson and Jones, P.A., in Brainerd. Our team will go the extra mile to help you win your children’s custody. Call us on 855-762-6548 to know more. You can also contact us through our website.