The Secret To Winning Your Child Custody Case
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Most child custody cases should be settled through negotiation and mediation. This can be accomplished by contacting the Academy of Family Mediators for the name of a mediator in your local area who can aide you in reaching a reasonable settlement. This approach tends to be a win – win for all. Especially the children!
You must understand that there are cases that cannot be settled no matter what you try to do. During the majority of unsolvable cases it is due to abuse or neglect or simply because of extreme personalities. If your situation falls into one of those categories then you may need to find a good family law attorney. You may have to pay more than you’d like, but it is necessary.
If you find yourself having to go the route of obtaining a family law attorney you must be 100% honest with your attorney. That means revealing everything including the secrets that you want no one to know. Be sure to divulge every single fact about the other parent. Leave nothing out and more importantly “DO NOT MAKE ANYTHING UP!”
Make sure to document everything no matter how small it may seem to you. Keep a log of all visitations; keep a log of what you do when with your child. Log any problems you have with the other parent. Keep track of the money you spend on the child, the places you take the child, and the quiet at-home time you spend with the child. All though this may be a pain in the butt you are going to have to make record keeping your second job. Your goal by doing all of this is to prove to the court that you are the better parent and that the other parent is not as good as you. Just giving your word on this matter isn’t going to be good enough.
Take the time to speak with family, friends, daycare workers, teachers, or anyone who has knowledge about your relationship with the child or the other parent’s relationship. Ask them to testify about what they know and explain why their knowledge is important.
Although it is easier said than done do your best to be polite and pleasant to your spouse and do not interfere with the other parent’s relationship with the child. You do not want to be the one to start an argument. You need to make sure the other parent sees the child (unless there is a danger of abuse – then talk to your attorney). Not allowing this is called custodial interference and may cause the court to decide you are not a fit parent.
By all means do everything in your power to avoid arguing in front of the child. Do not speak poorly of the other parent in front of the child.
Request that your attorney help to prepare you for testifying. You will want your attorney to spend some time with you helping you feel comfortable with the procedures and types of questions. While preparing for your big day, make sure to ask your attorney lots of questions when you are preparing for the trial. Do not ask questions when you are in court unless they are extremely urgent and relevant to your case, or the attorney has made a factual error about something important.
Although it may look cool on television when the defendant jumps up and begins to verbally battle with the judge. However I do not recommend that you do that… I feel that you have paid the attorney so let the attorney do his or her job.
The bottom line is when going through a child custody situation you must always remember to keep your head about yourself.
