In the field of family law, one of the most difficult aspects an attorney will deal with is child custody hearings. While courts in theory want what is best for the child, determining that is not always easy. Even in situations where there are signs of abuse, the complete severing of the ties between a parent and a child is not something the courts take lightly. Knowing what to do to prepare for this hearing well before it happens will improve your chances of getting a good decision.
The first thing you should do is hire an experienced family law attorney. This will ensure that you don’t overlook any important legal issues in the process that could cause the courts to turn against you on a technicality. Once you have a lawyer on your side, it’s time to get organized.
The courts will want to see that you value the time you have available with your children. Keep records of all the time you spend with your child. If you do not currently have primary custody, record all visitation times. If you have primary custody, record the amount of time the other parent spends with the children, as well as any special activities you do with them. This often makes clear to the courts which parent places his or her priorities with the children. In some cases it will be both, while in others one of the parents will clearly shine in this regard. If you don’t have custody and your ex won’t let you see the children when you ask, be sure to record this information as well. Family law can be complicated, but having accurate records will help.
One thing that family law courts want to see is that you are financially capable of taking care of your children’s needs. Have paperwork ready showing your savings accounts, income, and any benefits you have. If you are looking for work, which may be the case if you were a stay-at-home parent before the divorce, you must be able to show that you have a plan to get a job or have a source of income. outside of a salary that will allow her to take care of her children.
If you think you are in a good place to get custody, you also need to estimate how much it costs to care for your children. Use your records to show all the costs associated with child care, including gas costs, clothing, and even childcare expenses. The courts will use this data to determine how much child support you will have to pay from your ex.
Finally, talk to your child about the family law process. Remember to make it as positive as possible for them. While trying to prove, in some way, that he is the “better” parent, you should not try to distort the child’s opinion of the other parent. Leave the battle in the yard, not at home. If things get particularly difficult in a custody battle, consider having an objective third party talk to your child, such as a school counselor or church minister. Your goal is to have the best possible outcome for your child, so keep that in mind throughout the process.