Family & Relationships Marriage & Divorce

Child Custody Cases - Allegations, Evidence, and Negotiations

Preparing for a custody case is the single best way to win custody of your children.
You will be faced with allegations and evidence.
Hopefully, you will also engage in negotiations.
Knowing what is involved in each step is going to help tip the scales in your favor.
Your most important asset is your child.
Get a lawyer who understands this.
The first step in winning a child custody case is good representation.
The next step is knowledge.
Let's talk about 3 components of the court process: allegations, evidence and negotiations.
Chances are, there will be presentations of why your ex should get custody and you should not.
If this is a hotly contested custody case, you will probably face allegations.
You and your lawyer must consider what these allegations might be in advance and develop a strategy that might involve counter-allegations, defending or explaining.
What if you have had an affair or have served jail time? How would you defend your ability to provide quality child care if your job requires long hours or extended travel? What seems like a solid career that provides for a secure financial picture for your children suddenly becomes a liability.
How active have you been in your child's life? Be sure to consider not just the physical presence, but emotional and psychological support as well.
Then there's the evidence.
Are the allegations supported by evidence? How solid is it? Do you have similar evidence to present showing your ex is not suitable for custody? Your lawyer will help you accumulate evidence that is admissible in court as this can be tricky.
You will need written records and photos.
Keeping a journal of events of the child's interactions with the other parent may come in handy.
Keep medical records and counseling records for your children.
Interview family members and neighbors.
Even evidence that the other parent is deceptive or manipulative is useful.
Some parents go to the length of hiring an investigator to acquire physical evidence, as well as to dig into the background of the other parent.
You are working here both to dispel the evidence against you and to create negative evidence about the parenting skills or suitability of your ex for custody.
Usually there is some mediation and negotiation during a divorce.
You will want to think to the future for this phase.
Questions to consider are of the "what if" category.
What if the child needs extensive medical care? Who will make those decisions? What if the custodial parent wants to move out of the state? What will the financial support be? What about visitation and holidays? Emotions run high when kids are concerned, but if you don't approach your child custody fight with objectivity, damage will be done.
If you and your ex can't agree, a judge will provide the final decision.
And a judge has been charged with duly supporting the interests of the child.
Never forget that that is your goal also.
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