subject: Child Custody Caces: Winning A Custody Dispute [print this page] Few family court cases are more personal or more important than child custody disputes. While each family and each case is unique, there are a few things you can do to help win the case and gain custody of your children. The most important thing to remember is that you should never let any problems with your spouse enter into the dispute; this detracts from your case and makes you look like the wrong person to care for the children.
If you are not remaining in the family home then you need to make sure that your new home remains in the same neighborhood or at the very least in the same school district. The court will look for the arrangement that will be the least disruptive upon your child's daily routine. A divorce is stressful and harmful enough on children, so the court will most likely keep them in the home that lets them have the support of their friends and the familiarity of their school.
The second thing you really want to remember is that you should never make it seem like you are permanently angry at your spouse. In child custody cases the court wants to ensure that both parents remain a part of the child's life; they will often award custody to the parent who seems most likely to facilitate visitation. If you complain to the court that your spouse is a horrible and irresponsible person, they will believe that you won't facilitate visitation and may not rule in your favor. If your spouse actually is irresponsible and unfit to care for the child then you should point that out to the court, but be very matter of fact and unemotional about it, and be prepared to back your statements up with facts, testimony of others, and documentation.
It is strongly recommend that you seek the help and advice of a lawyer if you want win your custody dispute. Not only does it make you seem serious to the court, but a lawyer will be able to keep you from making any faux pas that could keep them from awarding custody. You need to prove that you are able to provide not only financially for the children but also emotionally, and hiring a lawyer indicates that you are willing to spend money fighting for what is best for your children.
For younger children, the courts will usually shy away from taking them out of the family home or selecting a joint custody arrangement where the children sleep in two different places throughout the week. Young children need much more stability than children who are school aged, and really need to spend the night in the same place, every night. It is important to keep this in mind when fighting for custody that might involve moving the children.
Above all, in every phase of your child custody dispute, show the court that you truly have the best interests of the child in mind.
by: Hera Nelsun
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