Child Custody During Divorce

Experienced Attorney

Any parent who is separating from their spouse and having to fight for child custody, may be under an immense amount of pressure and distress. When it comes to discussions regarding which parent is to take on custody, conflicts can become heated very quickly. Some parents may try to attend mediation sessions as a way to hopefully arrive at an agreement over child custody which they both agree on. When this is not possible, then the parents may have to attend a court hearing to have a judge decide for them instead.

Here are some ways to help get yourself prepared for a court hearing that involves fighting for custody of your children:

Meet with an Attorney

It can help to meet with a legal professional who has helped clients just like you try to obtain custody of their children during the divorce process. A child custody lawyer trusts can offer words of advice on which angles and evidence to bring forward, that helps prove you are the more suitable parent over your former spouse. An attorney can also go over with you your rights as a parent and the laws surrounding child custody, including visitation, the various levels of custody, and home inspections.

Remain Respectful and Calm in Court

Going into a court hearing ready to verbally attack your former spouse is surely not going to be how you obtain custody of your children. A judge is likely to frown upon a parent who appears emotionally unstable and spiteful. The judge understands how emotional such a topic can be, but may not feel comfortable awarding sole custody to a parent that cannot keep themselves under control. Focus on facts and why you are the best fit to parent, instead of reacting with anger.

Show Up Well-Dressed

A parent that walks into a child custody battle with casual clothes and an unkempt appearance, may be sending the message that they are not taking the hearing seriously. It may be in your best interest to dress the part, prepare beforehand, organize paperwork and get legal representation if necessary. Do what you can to look presentable, so you also feel more confident walking into such an emotionally-charged dispute.

Be Open-Minded to Feedback

Do not be surprised if the judge suggests you make certain changes before being awarded custody. The judge may feel you are the most suitable parent, but wants you to take a parenting class or move to a larger home where your children each have a room to themselves.

Do Not Fight with Your Former Spouse

Even if your presentation is composed, your former spouse may not have the same demeanor. He or she may try to say whatever they can to bring you down and provide reasons to the judge as to why you are an unfit parent. If you engage with this behavior, then you are only stooping to your former spouse’s level. But, if you keep your head held high and remain professional, then the other parent will probably just make themselves look silly in front of the judge.