Negative comments about the other parent can impact child custody

On Behalf of | Jul 17, 2023 | Child Custody, Family Law |

In Louisiana, getting divorced can be difficult and people could let lingering animosity affect them in various ways. One situation is if a parent “bad mouths” the other parent in a child custody dispute.

How will bad mouthing the other parent be viewed?

Making negative comments about the other parent will be assessed by the judge. Since child custody determinations are based on serving the child’s best interests, the level of negativity and how it could damage the child’s relationship with the other parent is the focus.

Belittling or denigrating the other parent could constitute bad mouthing. This can range from a simple assertion that they are nasty or unintelligent and can extend to making claims of abuse. When it reaches the level of parental alienation, it will be analyzed by the court for the harm it might be doing.

There are some instances where the comments are based on fact with genuine concern about the child. If, for example, the other parent has an alcohol problem, this might not reach the level of bad mouthing if it is voiced in the context of the child’s safety.

The court will try to ensure that the child has a healthy relationship with both parents with sufficient parenting time after the divorce. Proving that these statements took place at all and the impact requires witnesses, documentation, evidence from text messages or emails and expert testimony.

Parents need to know how to address it

Children are frequently caught in the middle in a divorce. During a child custody dispute as factors like negative statements come into play, it is imperative to be protected with this or any other obstacle that comes up during the case.


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