A parent needs to do what’s best for their kids, and if that involves winning custody of your child, these tips can help you win your child custody case.
Given that less than half of custodial parents receive the payments they deserve and need the help of the law, it’s important for custody to be determined legally. If you’re fighting to keep your family together in court, you need to win your child custody case by proving you provide a safer and better home. You can do this on paper but there are a lot of elements that aren’t measured by your bank statements.
Here are five tips to ensure you win your custody case
Work To Settle Out of Court
If you want to ensure that you can start to win your custody battle, you’ll need to start the work before you end up in court. Most judges are going to want to see people who’ve tried to work together to solve their problems before they end up in court. You want to have a solid and verifiable paper trail showing that you’ve reached out and tried to solve things between yourself and your partner.
Going through a trial is an exhausting and expensive experience. Even with a strong case and a great lawyer, you don’t have any way to guarantee you’re going to win. You should try mediation where you meet with the other parent while lawyers are present.
Make efforts to create a peaceful settlement for the best result. Even if you can’t work in mediation, when you head to court, you’ll look like a reasonable party when your partner builds a case against you. You need your kids in your life and if you show that you want to fix these problems in a positive way, then this is your best bet.
Start By Meeting With Lawyers
If you’re thinking about starting this process, don’t start by waging a war against the other parent on your own. No matter how righteous your position or the evidence that’s on your side, this isn’t a game. You need to have your ducks all in a row before you begin this battle.
When you’re in the middle of a custody battle, the stakes are high as you could lose contact with your child for years. Talk to your lawyer and have them talk to your ex-partner’s layer. The chances of winning a case are much higher when you talk to both lawyers.
Even if you’re not in contact with your ex, you can talk to their lawyer. It’s important to know how they’re planning to build a case and what’s behind it. If you can resolve some issues that will get them to give you the custody you’re looking for, you could save a long and drawn out court battle.
Staying out of court is better for your kids.
Have Your Reasons
If you’re protecting your kids from an abusive parent, then you’re well within your right to put your all into this custody battle. While it’s going to be challenging, abuse should never be tolerated and the court will look down on anyone who has been accused of it. However, some people use the custody fight to get some leverage on their partner in financial issues.
Talk to your ex about why you want custody if you’re on speaking terms. Talk to your lawyer and be as honest as you can handle. They’ll be honest with you in response, letting you know what to expect.
Some people fight to have kids living with them because they don’t want them around the new partner their ex is with. If this is just a personal judgment, you need to have something backing you up as to why you’re keeping kids from the other parent. It can’t be personal or you’ll ruin your credibility with the judge.
Be Prepared For Scrutiny
When you’re going through a divorce, every element of your life is going to be judged. If you sent angry texts to your ex or texted when you were drunk, they could become admissible evidence. Everything that you do could contribute to or harm your case.
Stay level headed and in control when communicating with your ex. Remember that your future with your kids is at stake.
Keep yourself off social media. You can bet that anything you post is going to be seen by your ex’s lawyers. If you share something or write anything that could be taken as irresponsible, you’ll be in trouble.
Keep Your Kids Number One
Remember that your kids are the focus and the center of your custody battle. Every move that you make, everything you say in front of your kids, every door that you slam is all going to be seen by your kids. It’s hard not to get frustrated when dealing with your ex during a custody battle because they’re often the ablest to know how to upset you.
If your spouse is sabotaging your time with your kids or if you’re underwater on the legal bills, that’s your problem. It’s not a problem for your kids to deal with or even to know about. Keep supporting them, keep a roof over their head, and continue investing your time and energy into them.
Kids internalize the emotional world around them and if you make it tough for them to be happy, then you’re not doing your job. They’ll blame themselves for your unhappiness or your divorce.
Your kids might end up having to speak in court. You want them to be prepared for this potentially traumatic moment by keeping them happy around you. The judge is going to judge you by how your kids feel about you.
Child Custody Isn’t Just Numbers
When you’re thinking about your child custody case, you might be thinking you’re going to win with the right evidence. However, the evidence is about more than proving you’re the better provider. Good parenting shows and your judge will know it.
If you’re dealing with writing guardianship letters for your kids, check out our guide for tips.
Call Husker Law at (402) 415-2525 for a free consultation today!