Couples generally neglect alternatives to amicably resolve disputes when involved within the emotion and stress of separation and divorce. This is especially true in issues of parenting and child custody. If the 2 events are prepared to work collectively and keep away from the courtroom, mediation is usually a more favorable option, but in many cases, both events really feel strongly that they are the more suitable parent. In such cases, parties rely on an neutral choose to determine the case based mostly on the facts. Before taking your child custody case earlier than a choose, know what factors show you how to build your case, while avoiding pitfalls.
Building Your Case
The only guarantee in a custody battle is that no one really wins. During trial, the opposing party will try to pinpoint features in which you might have seemingly failed as a dad or mum, even when you believe that you have completed the very best job possible. When you have got made poor choices in some areas, your hope is to persuade the choose that those decisions do not forestall you from being viewed as the very best caretaker for the child(ren). The following steps may also help as you prepare your case for custody:
1) Know your role
Merely wearing the title of “mother”, “father”, or “grandparent” will not hold weight within the courtroom. Be able to show that you are the better parent. Aside from a title, you can be anticipated to outline your position in the child’s life. Consideration shall be given to the quantity of “waking time” you spend along with your child every day, so be prepared to debate what you do on any given day or weekend with the child(ren). Providing an account of significant experiences that you have given your child custody in Missouri(ren) will only assist your cause.
2) Keep good records
Possessing a strong feeling of love and accountability on your child isn’t enough. When preparing for a custody trial, make an effort to document what you do to your child(ren). Be prepared to provide an account as to how much monetary, religious, academic, emotional, and physical support you provide. It could be wise to keep a journal noting situations that you just think your legal professional or the decide may find helpful. Judges are more desirous about what you do, versus listening to an account of what the opposite party doesn’t do.
3) Do your homework – literally.
In case your case includes school aged children, know that questions could come up related to school efficiency and attendance. Being able to demonstrate a history or pattern of optimistic involvement in your child’s education is a plus. Good indicators embody Dad or mum-Teacher Affiliation (PTA) involvement, attendance at dad or mum-teacher conferences, and a report of communication with the school related to your child.
Pitfalls
After a short overview of the way to build your case, the following list represents situations to keep away from if doable:
1) Don’t assume
Never assume that the judge will favor you over the opposing party as a consequence of gender, monetary stability, or some other surface related factor. Custody is solely concerning the question of which party provides the child(ren) with the chance of rising up in the perfect environment. Custody is a matter of character.
2) Playing the blame game
Many have heard the saying, “Hold your pals close, however maintain your enemies even closer.” In custody matters it’s important that you just not appear overly vital or fault finding toward the opposing party. Both parents have a stake within the outcome of the case. If it appears that you’re unwilling to work with the other party or consider his/her wants, the choose may view this negatively. Besides, if the case is not determined in your favor, the opposite party may be more keen to accommodate your wants in the event that they really feel less attacked during the custody process. Bear in mind, it is more about what you do as a mum or dad, and less about what the opposite father or mother does not do.
3) People in your circle
Not everybody who has access to you must have entry to your child(ren). Far too usually, mother and father are judged by the company they keep. Involvement in quite a few or unstable buddieships and relationships can negatively impact the way a decide views your means to supply a protected and stable surroundings conducive for elevating children.
four) Habits that die hard
In a custody case, the previous will return to haunt you. It’s not okay to be dependent upon or casually accustomed to drugs and alcohol. Nothing speaks more toward shedding a custody case than drug, sexual, and/or bodily abuse. Once more, these issues converse to the character of the individual, and judges frown closely upon such negative habits.