What to Expect When Preparing For Child Custody
Talk to a Child Custody Attorney today to understand what is ahead of you
Most often, the biggest decision in a divorce process isn't money. It's what happens to the kids when the parents separate.
Child custody determinations can get really ugly, and you need to prepare for the process. A custody order gives parents the right to make decisions concerning their children. They get to decide who they live with full time, where they live, and where they attend school. Custodial parents also get to make all the minor decisions concerning their children.
Have you and a spouse gotten separated, and it's time to decide who takes child custody? Learn what to prepare for in the process.
What Is Child Custody?
Child custody is a state court order that pertains to the legal relationship between child and parent. A court order gives a parent or parents legal right to raise and make decisions concerning their children.
There are different types of child custody orders:
- Sole Custody - one parent gets awarded full custody of the child or children.
- Joint Custody - parents split time caring for the child or children.
- Legal Custody - court grants one parent the right to make long-term decisions about a child.
- Physical custody - an order that determines where a child lives on a day-to-day basis.
Make sure you assign the proper resources, and we are talking about time as well, not just financial resources, before you submit a custody petition.
Laws Differ by State
Custody laws differ by state. Be aware of this before you submit a petition during divorce proceedings. Don't assume your reputation or way of life gives you a advantage over the other parent. Financial affluence isn't an automatic yes in the court. Money can't buy love, and it doesn't sway the courts to rule in your favor. Some family courts prefer the influence of both parents in a child's life despite the wealth of one.
Expect the court to use the best interest standard when it comes down to determining custody. State laws often rely on this measure when one or both parents request sole custody. Do your due diligence when it comes to researching child custody laws in your state and have the best lawyer in your side. Reading about how the courts rule on custody hearings will help you to know what to expect, and reduce the anxiety associated with the process.
Collect and Organize Your Evidence
If you expect to win custody of your child or children, collect as much evidence as possible. Creating logs and presenting things in an organized way will help your attorney help you and save you money during the process as well. You'll need to present enough proof as to why living with you is better for the child or children.
The court will examine evidence like photos and voicemail conversations. They also consider letters from teachers, report cards, and medical records. All these things speak to the wellbeing of the child. They also prove the child tends to survive better under your guidance versus the other parent.
This goes both ways. Expect to have your past and present lifestyle exposed as well. If there's anything in your past that may seem suspect, admit it to your attorney right away. Your evidence should include an honest portrait of your parenting as well.
Prepare for the Process
Child custody isn't an easy process. Consider the laws and the type of custody you want before you file with the state. Use this guide to make a smart decision about the well-being of your child.
Citadel Law Firm has the right family law attorneys to help you navigate a divorce with children. We genuinely care for your well being and the well being of your family. Give us a call today at (480) 565-8020 and let us help you, our Child Custody Attorneys will be pleased to help. We do offer a free assessment consultation for you to see if we are the right attorney for you.