Child custody cases are never enjoyable experiences. It is sad to have to take the fight to court over the safety or wellbeing of your own child. Sadly, sometimes we really do feel the need to take custody of our children from our ex-partner for legitimate safety reasons.
In this scenario, you’ll need to understand a bit of family law and the ‘better parent’ theory. Meaning you will have to prove to the court that the children are safer with you than your ex. Let’s discuss this in more detail and teach you how to be sure you’ll have the best chance of winning the case.
Speak To A Lawyer
The first step is to present your case to a lawyer. The family law specialists over at Litvak Litvak Mehrtens and Carlton, P.C explain that “Without proper representation, you likely won’t stand a chance in front of a judge. You need to be prepared, confident, and represented when you enter a court of law.” This is crucial, as a judge will likely respect you more when represented properly. A lawyer will also help you build your case, present yourself properly, and help you in deciding what to say in court.
Prove You’re The Better Parent
So, as we have said, you need to prove you’re the better parent to a court to win your sole custody case. To do that you will need to explain how and why you think you’re the best parent for the child’s wellbeing. That’s what this is all about. A judge will not simply order custody to the parent they think they prefer, they will only grant custody if they think it’s better for the child.
To do this, you need to show you know – and care – about every aspect of the child’s life. Prove that you know the routines of the child, their sleeping habits, school clubs, and education record. Make sure you are willing to present a case for an ongoing relationship with the second parent, too. A judge is likely to grant custody to someone willing to put the child’s interests first, especially if that includes some contact with both parents.
Keep Any Evidence You Think Relevant
You may also need to prove the above facts with evidence. Whether it’s proving you do know all the child’s routines and healthcare needs better or proving that your ex-partner does not, you may need to show that this is a fact. Prepare documentation or evidence showing your care for the child vs. the other parents. Include photos, videos, or paperwork. Anything you think may help you in court. Of course, your lawyers can help you gather evidence and tell you what is suitable.
What Not To Do
Courts do not like personality battles or fights in court. Don’t go all guns blazing talking negatively about your ex, just present your case peacefully. You should also never be late to any part of the proceedings or give any hint that you have neglected to care for your child properly.
Combining these do’s and don’ts will make sure you are in with a fighting chance of custody of your kids. If you do go to court, we wish you the best of luck with your case.
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