How to Win Custody of your Children Family Lawyers advice
If you are facing a custody matter in Court or have though about filing for custody of your children, this article will provide the
steps you need to have a winning strategy, often times parents file a custody petition without a winning strategy.
Instructions
Are you getting divorced or have you never married? This is the first important question to ask, if you are married and the children were conceived during the marriage, than custody will be fought in Divorce Court, and many issues will determine the ultimate outcome. In divorce cases, you can use Custody or the other party uses the threat of custody to lower child support or get equity in a house, etc. But the parent who truly want s to fight custody in a divorce case can do it, but it will be expensive, and long. If you were never married and the child was born out of wedlock. TIMING, is the key. If the child was just born, and you are the mother and want the chid to be with you, file custody immediately, do not wait, the Courts will give the mother of a newborn custody, regardless of what Attorneys tell you, as an attorney, unless the mother was a crack addict she will get custody. If you are the father, your options are file now when the baby is born, and risk the fact that the mother will be granted custody and you will get visitation. Or wait till the child is older, and file custody for the first time then. Why wait to file custody of your child if you are the father. One big mistake parents make is not knowing custody law. Once custody is first decided by a Court, that order becomes hard to overturn! In fact the first burden of proof is 50-50 is the first custody hearing, where both parents have the same burden to prove who is the better parent. The subsequent burden of proof if you want to change a custody order is that the parent has to establish that their has become a "significant change in circumstances" to modify the custody order, and that burden is very hard to prove. So the timing of the first custody hearing is important. Fathers in particular should wait to file, if they are getting regular visitation. Mothers should file when they have the most leverage, and that is when the child is born. Factors the Court uses to decide! When filing for custody the first time remember the burden is allegedly 50-50, but that is impossible, as usually the child is living with one parent most of their lives, and visiting the other. The Court will not want to disturb the child living arrangement, and disrupt the child's life. Far married parents the burden truly is 50-50 as long as both parents lived with the children together. Major factors! When fighting for custody always ask the Court to conduct a home visit of the homes, to see if the living conditions will be an issue. In some places children will sleep on sofa's or in the parents bed for lack of living space. Always, ask for a mental and psychological exam of the other parent. In Custody cases the mental condition of the parents is a factor and it cannot hurt to have the parents tested. Most important, do not violate any temporary Court orders, make sure you cooperate with visitation, home visits, and especially make sure you have a good relationship with the Children's appointed attorney. A winning argument and often not made! Many father especially do not fight custody because of their lack of stamina to fight it out, and they do not want to deprive the child of the mother. What is important to stress is, that many single mothers, and divorced mothers do not stay at home and raise the children, often they have to work full time jobs, and the children are taken care of by siblings, nannies, or grandparents. This is going to be the case many times, and the best strategy you can use is that you should have custodial rights over the children over a grandparent or Nanny. You can win custody that way, but you will have to show you will be home more often to take care of the children. Emergency Custody: If one parent is not allowing you contact or visitation with your child, then file for emergency custody stating the parent is UNFIT, as they are depriving the father of visitation. Also, if the parent is going to move away, file for emergency custody the Court will stop the move, and possibly give you custody. Many mothers contact me and are worried about a petition of custody filed by a father who has not seen their child for many years. Often times they are worried, that these fathers will get custody, That is false, the Court will look at all factors, especially the fact the parent has not visited the child and will not get custody, possibly not even visitation, The Threat of Filing Custody, is important in a divorce and any family Court case. Even if the parent only wants visitation, you should always file for full custody, as your bargaining chip for a better settlement is when the other parent is scared you may drag them into a long custody battle. Previous:Rights of a Custodial Parent Paying Child Support Next:How to Pay Bills & Go to School Full Time as a Single Mom
