A custody battle may be one of the most stressful things a parent can go through, especially if they don’t know what’s going to happen. Even if you’re not the one making it a “battle,” you still need a good plan to prove your case in court. Use these tips to help you plan and make it more likely that you get what you want.
Before Starting
Before getting into a long, drawn-out fight over who gets to keep the kids, think about whether it can be avoided. Parents who want sole or “full” custody of their children often end up in court, fighting a hard battle because neither side is willing to give in to reach a deal.
In these kinds of cases, the court decides who wins the case, and the results can be surprising, in part because the parent who wants sole custody has to prove more. A family lawyers can help you in assisting the case
That’s why it’s important to think about whether a compromise is possible because sometimes joint custody might be in your child’s best interests, meaning that it would give them the most stability and safety. If, after giving it a lot of thought, you’re still sure that filing for sole custody is your best or only choice, you need to get ready for what’s coming.
Preparation
Doing your homework, hiring an experienced and qualified family lawyers, and taking the time to learn the child custody laws in your state are all ways to get ready.
Above all, don’t just assume that the judge will see your case the way you do. The court’s only goal is to do what is best for your child, so showing that you also care about what is best for your child can help your case a lot. Some of the things you can do to help with this cause are:
Think about Where you Live
If you want to have custody of your kids, make sure your living situation shows that you can give them a stable physical environment. For example, sharing your cousin’s bachelor pad won’t do much to show the court that you’re the best parent. The judge can be flexible about where you live, but you should be ready to show that your home has enough room for you and your kids.
If your spouse lives in the family home and you need to find a new place to live, then think about a place that is near theirs. The court likes to keep things the same, so it’s best if a child’s daily routine isn’t changed too much.
Know What’s Going on with your Kids
Find out about their education and their future plans, favorite games, foods (like what their favorite subject is and who their favorite teacher is), hobbies, and friends. Do they have allergies, health problems, or any other needs? If you want to be your kids’ main caretaker, then you need to show the judge that you care enough about their lives to know the small details.
Work with your Partner
The court cares about how willing each parent is to help and support the kids’ continued relationship with the other parent. Judges want to know that neither of you will get in the way of the relationship between your children and your ex. Also, they won’t like parents who talk badly about their ex-spouse in front of the kids or do anything to get in the way of visitation.
Things to Think About
To win a custody battle, you need to be well-prepared for the hearing. During the hearing, the court takes into account the following things:
Documentation:
Each parent has the chance to show the court any important paperwork that has been gathered. This includes phone and visitation logs (especially if they show that your spouse’s pre-arranged visitation schedule isn’t being followed) and notes about what you’ve noticed about your child’s well-being while he or she is with the other parent. For example, if your child’s behavior changes, like becoming more angry or aggressive, this is something you should write down.
Proper Court Behavior:
It may seem like a small thing, but the judge usually looks at how each parent acts in court. This includes how you dress when you go to court and how you act and talk during the hearing.
The Better-Parent Standard:
Parents who are fighting over custody should know that what the court thinks makes one parent “better” may not match up with what they think.
Witnesses
The judge wants to see a true picture of you as a good parent, so ask family members, neighbors, teachers, and anyone else who can testify in your favor.
Visitation
During a custody battle, parents who don’t get primary custody usually get a lot of time with their children. Most courts think it’s best for a child to have a relationship and spend time with both parents. No matter what happens with your child custody case, it’s in your best interest to stay involved in your child’s life.
Shared Time as a Parent
When the parents share parenting time, they both spend the same amount of time with the child. Under the Child Support Guidelines, a child has shared parenting time if he or she lives with each parent at least 40% of the time.
Conclusion
Parents can write a parenting plan if they agree on where their children will live, how much time they will spend with each parent, and how decisions will be made. A parenting plan can say when each parent will spend time with the kids and who will make the most important decisions about the kids. It can be an informal agreement between the two parents or part of your separation agreement or a court order.
It is important to know that a parenting plan that is not legally binding and can be hard to enforce.
