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Child Custody 2025: 7 Critical Mistakes Dads Make and How to Avoid Them

23/05/2025

Child custody is one of the most significant and emotionally charged issues dads face after a separation or divorce in Greece. Are you a dad looking to secure your rights and maintain a strong relationship with your child? In this comprehensive guide, we'll highlight the 7 most common mistakes dads make when seeking child custody and how to avoid them to protect your position.

1. They Delay Seeking Legal Help

Many dads believe they can reach an agreement with their ex without a lawyer's involvement. This is one of the biggest mistakes that could cost you custody.
Why It's a Mistake:

  • According to Greek Family Law (Law 4800/2021), child custody is governed by specific rules.
  • Without an official agreement, your rights remain unprotected.
  • The "status quo" (e.g., the child staying exclusively with the mother for months) becomes hard to challenge later in court.

What to Do:

  • Contact a specialized family law attorney within the first 2-3 weeks of the separation.
  • Ask for an overview of your rights and options (joint custody, visitation, child support).
  • Don't sign any agreement without legal advice.

2. They Assume the Mother Will Get Sole Custody

Many dads think sole custody for the mother is "obvious." This mindset puts them at a disadvantage from the start.
The Reality in Greece:

  • Since 2021 (Law 4800/2021), joint custody is the default principle, though the court may decide otherwise based on the child's best interest.
  • Despite legal equality, biases still favor the mother, meaning dads need to be better prepared to claim their rights.
  • The court evaluates each parent's relationship with the child, not their gender.

How to Address It:

  • Pursue joint custody from the outset.
  • Prove to the court that you're an active and responsible dad (e.g., involved in care, school life, and the child's activities).
  • Avoid the mindset that "the mother is the primary parent"—you're equally vital to your child.

3. They Don't Maintain Consistent Communication with the Child

Lack of regular contact with the child after separation can be interpreted by the court as disinterest, even if that's not the case.
How It Affects Custody:

  • The court assesses the strength of your relationship with the child.
  • The mother might argue you "don't care" if contact is inconsistent.
  • Children need stability, and your absence can impact their emotional well-being.

Practical Tips:

  • Stay in regular touch with your child (e.g., calls or video chats 2-3 times a week, depending on their age).
  • If your child is older, send messages via apps like Viber or WhatsApp.
  • Never cancel scheduled visits unless there's a serious reason.
  • Keep a record of your communication (e.g., screenshots of messages, photos from visits).

4. They Neglect Their Financial Obligation for Child Support

Failing to pay child support is one of the most serious mistakes a dad can make, as it directly affects your credibility in court.
Why It's a Critical Mistake:

  • Non-payment can be considered a criminal offense (Article 358 of the Penal Code) if there's a complaint and intent is proven.
  • The court may see it as a lack of responsibility, reducing your chances of gaining custody.
  • Your child relies on support for daily needs.

What to Do:

  • Always pay child support on time via bank transfer.
  • Keep receipts for every payment (e.g., e-banking printouts).
  • If you face financial difficulties, file a court request for a reduction—don't stop payments unilaterally.

5. They Don't Have a Suitable Space for the Child at Home

The court checks if you can provide a safe and appropriate environment for your child. Without a prepared space, you could lose ground in the custody case.
What's Evaluated:

  • Is there a separate space (room or corner) for the child?
  • Is the space safe (e.g., no sharp objects, with outlet covers)?
  • Are there basic items (bed, toys, study desk)?

How to Prepare:

  • Create a dedicated space for your child, even if it's small (e.g., a corner with a bed and shelves).
  • Buy essential items like a bed, toys, and hygiene products based on the child's age.
  • Take photos of the space to present as evidence in court.

6. They Show Hostility Toward Their Ex-Wife

Hostile behavior toward your ex can seriously harm your custody case, as courts prefer parents who can cooperate for the child's benefit.
Why It Hurts:

  • Negative behavior (e.g., accusations, insults) signals a lack of maturity.
  • It negatively affects the child's emotional health, which the court takes seriously.
  • If your ex proves you can't cooperate, she might gain sole custody.

Right Approach:

  • Maintain polite and professional communication, even if it's challenging.
  • Avoid speaking negatively about the mother in front of the child or others.
  • Suggest mediation for an out-of-court settlement (certified mediators are available in Greece to assist).

7. They Don't Document Their Relationship with the Child

Lack of evidence of your involvement in your child's life can weaken your case in court.
What to Keep:

  • A log of visit dates and activities (e.g., "went to the park on 15/5/2025").
  • Photos from shared moments (e.g., at the park, school events).
  • Receipts for child-related expenses (support, activity fees, school supplies).
  • Messages or emails with the mother about the child.
  • Documents showing your involvement (e.g., school event certificates, medical visit records).

Why It Matters:

  • In court, evidence carries more weight than verbal statements.
  • Documentation proves you're an active and responsible dad.

How to Avoid These Mistakes and Secure Your Rights

Immediate Steps

  • Contact a Lawyer: Find an attorney experienced in custody cases and learn about your options.
  • Start Documenting: Begin keeping a record of every interaction with your child (visits, messages, activities).
  • Prepare Your Home: Ensure a suitable space for your child, even if they stay with you only a few days a week.

Long-Term Strategy

  • Maintain Consistency: Be reliable in your communications and obligations.
  • Collaborate with Your Ex: Try to find common ground for the child's sake, despite disagreements.
  • Focus on the Child's Best Interest: All your decisions should show that your priority is your child's well-being.

Conclusion

Child custody is not just a legal right—it's your chance to remain an active dad in your child's life. By avoiding these 7 critical mistakes, you can increase your chances of securing joint custody and building a strong, stable relationship with your child.
Don't let a lack of preparation rob you of what you deserve. Act now, seek legal help, and show the court that you're the dad your child needs!

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