Couples generally neglect alternatives to amicably resolve disputes when concerned in the emotion and stress of separation and divorce. This is particularly true in issues of parenting and child custody. If the two events are keen to work together and avoid the courtroom, mediation generally is a more favorable option, but in lots of cases, each parties feel strongly that they are the more suitable parent. In such cases, parties rely on an impartial judge to decide the case based on the facts. Before taking your child custody case earlier than a choose, know what factors enable you build your case, while avoiding pitfalls.
Building Your Case
The one assure in a custody battle is that nobody actually wins. Throughout trial, the opposing party will try and pinpoint elements in which you could have seemingly failed as a parent, even whenever you consider that you have accomplished one of the best job possible. When you could have made poor choices in some areas, your hope is to persuade the decide that those decisions don’t stop you from being viewed as the most effective caretaker for the child(ren). The next steps may help as you put together your case for custody:
1) Know your position
Simply wearing the title of “mom”, “father”, or “grandparent” won’t hold weight in the courtroom. Be able to prove that you are the better parent. Aside from a title, you may be anticipated to define your function within the child’s life. Consideration might be given to the amount of “waking time” you spend with your child on a daily basis, so be prepared to discuss what you do on any given day or weekend with the child(ren). Providing an account of meaningful experiences that you’ve got given your child(ren) will solely help your cause.
2) Keep good records
Possessing a robust feeling of love and accountability to your child is not enough. When making ready for a custody trial, make an effort to doc what you do on your child(ren). Be prepared to provide an account as to how much monetary, non secular, instructional, emotional, and physical assist you provide. It may be wise to maintain a journal noting situations that you simply think your attorney or the choose could discover helpful. Judges are more desirous about what you do, versus listening to an account of what the other party doesn’t do.
three) Do your homework – literally.
If your case includes school aged children, know that questions may come up related to school performance and attendance. Being able to demonstrate a history or pattern of constructive involvement in your child’s training is a plus. Good indicators embody Guardian-Instructor Affiliation (PTA) involvement, attendance at dad or mum-instructor conferences, and a document of communication with the school related to your child.
Pitfalls
After a quick overview of how to build your case, the following list represents situations to avoid if potential:
1) Don’t assume
By no means assume that the decide will favor you over the opposing party attributable to gender, monetary stability, or any other surface related factor. Custody of the parties’ is simply concerning the query of which party provides the child(ren) with the likelihood 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 friends close, however preserve your enemies even closer.” In custody issues it can be crucial that you simply not appear overly critical or fault discovering toward the opposing party. Each dad and mom have a stake in the consequence of the case. If it seems that you’re unwilling to work with the opposite party or consider his/her wants, the choose might view this negatively. Besides, if the case just isn’t decided in your favor, the opposite party could also be more prepared to accommodate your wants in the event that they feel less attacked during the custody process. Bear in mind, it is more about what you do as a mother or father, and less about what the opposite mum or dad does not do.
3) Folks in your circle
Not everyone who has entry to you must have entry to your child(ren). Far too usually, parents are judged by the company they keep. Involvement in numerous or unstable palships and relationships can negatively impact the way in which a choose views your ability to supply a secure and stable atmosphere conducive for raising children.
4) Habits that die hard
In a custody case, the past will return to haunt you. It isn’t okay to be dependent upon or casually accustomed to medicine and alcohol. Nothing speaks more toward dropping a custody case than drug, sexual, and/or physical abuse. Again, these issues communicate to the character of the person, and judges frown heavily upon such negative habits.