In this article, we will provide a detailed account of how to win a child custody battle. We will mention the step-by-step procedure to handle a child custody case. We will also point out what a parent must not do to jeopardize any chance of winning a custody battle.
Before going to court for a trial, try to get an attorney or mediator. These people will act rationally in your favor. Otherwise, you being a parent could get emotional and commit mistakes in the heat of the moment. It may be the case that you might not be able to present your arguments well enough.
A parent must understand all this can be avoided if he manages to negotiate a settlement with the other parent and simply have a court approve the settlement. The parents might not need any attorney either.
A general note on the subject
When a parent wins a custody battle, it does not necessarily mean the parent really has the sole custody of the child. Courts usually prefer joint legal or joint physical custody. Joint custody of a child is considered a better settlement option for both child and parents. The court is only concerned with the child’s safety and physical, mental and emotional well-being. Only in the case, where the child might be exposed to some kind of abuse or harm, does a court award the custody of the child to a single parent.
What courts really want
A custody agreement outlines how the parents are going to share the rights and responsibilities for the child. The agreement also lays out the guidelines for a parent’s visitation rights and schedules for such visitations, the rules for co-parenting, etc.
May courts only award co-parenting plans, while other courts encourage such plans, because a child needs to have both parents, a mother-figure and a father-figure to oversee his personal and professional development. Otherwise, a child may face mental, physical, or emotional problems.
The steps a parent must take to win a custody battle
First of all, a parent must prepare a parenting plan. In the plan, all requirements – a court might want – must be recorded, highlighting how he/she intends to take care of the child as a single parent, or have the support of his/her family for additional support and care for the child.
The parent willing to get the custody of the child must show how organized and priority-focused he/she is for rearing the child as best as he/she can be. The more an individual is organized the more a court will entertain awarding the parent with total custody rights.
Outlining some guidelines for a good plan:
- Fixed-schedules for child-parent interactive time after working hours and schooling hours. Detailed timings when other family members such as grandparents (who are physically, mentally and emotionally fit) are available to take care and interact with the child in the absence of the single parent. A fixed schedule for the other parent to visit, and time period fixed to be spent with the child. And an allowance for calling the child on the phone. The allowance for the other parent to take the child on outings. If you are a single parent, you must definitely make plans for vacation times, holidays, and special events like Christmas and Easter occasions.
- Financial arrangements that stand between the parents for the support and rearing of the child
- Fixed rules or guidelines on how the parents will resolve disagreements regarding how the child must be reared
- Other specific arrangements to address special issues that are particular to the family, like if the parents are going to live far away from each other, like one parent is moving to another state, then what will be the arrangements
- Make clear plans to include some of the above suggestions for co-parenting in detail
- Consulting with legal experts and attorneys will be beneficial for the parent who wants to claim child custody
- If a child is old enough to influence the decision of custody related case, it will then solely depend on the child’s discretion
Other parties’ involvement
Parents can hire attorneys or mediators to help formulate a child custody agreement. Make your own plans alongside a professionally made plan. This will show the court how serious and devoted you are for the benefit of your child, and how much you love your child.
Present your case to the court
Proceed to a court and let the judge decide who gets custody. Both parents can ask for the custody arrangement they want. A parent can also hire attorneys to make arguments on their behalf to win the custody battle.
Remember, a parenting plan or a child custody plan must accompany records, documents, salary slips and bank statements to show you have enough finances to support your child. A parent can also present school records pertaining to the child. Or he/she can present neighbors, colleagues, and acquaintances as witnesses to support his child custody claim. This strategy will help you win the custody battle.
It all depends on the parenting plan and if the child/children want to live with you will determine the fate of a custody battle. Get guidance, help and support and you are sure to win.
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