Going through a divorce can be gruelling, what with the plethora of legalities you need to pass in order to come up with a settlement that is favourable, especially to your case. But this can be even more wearying when it comes to fighting for child custody.
What To Do When Filing For Child Custody
Each case has its own unique challenges. But there are several general steps to take to inch you closer to winning the case. And ultimately, custody of your child.
Child Custody: Main Guidelines For Parents And/Or Guardians
1. Parental Rights
Remember that you have full parental rights when granted the opportunity to visit your children. This is true of parents who have displayed responsible parenting pre-marriage termination.
It is also referred to as gaining “visitation rights”. Keep this in mind as you are to exercise and practice it as much as you can during this period.
The truth is that every parent should be as involved in their children’s lives as can be. But speaking within the confines of battling for child custody, quality and quantity time with your kids will be looked into scrupulously. The results will heavily sway the decision of the court.
And this is not only about family days, family movie nights, visits to the theme park, etc. This is about showing that you have the capacity to be a responsible, reliable, and present parent— cooking, doing the dishes, the laundry, and the groceries, pickups (i.e. school, check-ups, etc.), helping them with homework, etc.
2. Evidence And Recording Of Actions Against Spousal And/Or Child Abuse
This has to do with going against a former spouse who has a history of neglect and/or domestic violence. Even if you and your children have experienced being treated in an inhumane manner by this person, your statement alone will not be enough to support the claim.
Have these incidences documented, with details such as time, date, and nature of neglect and/or abuse? Concurrently, be prepared as the same may be done against you by the other party.
If you are able to gather witness statements (if available), have your child custody lawyer in houston assist you with properly collecting and collating these.
3. Presentation, Presence, And Documentation
You will be surprised at how many cases are turned down simply because parents were late for a hearing, rescheduled their court appearance, failed to have an “appearance” suitable for said hearing, improperly filled in documents or the lack of the latter, etc.
Even if you have substantial documentation and pieces of evidence for justifying your right to your child’s custody, do not let your guard down. Check and recheck everything in detail. Be organized. Stick to the schedule of your court-mandated appearances.
4. Hire A Child Custody Lawyer
There is no strict rule so as to force you to abide by this— hiring a legal advisor for your claim towards child custody. It is, however, incumbent for us to say that you will be most benefitted, now, and in the long run.
You will have a much higher fighting chance of winning the case for custody of your child. Legalities can be studied carefully to find which angles to present in court, so as to best present you as a suitable guardian. Details (as mentioned in number 3) will be inspected. Last but not least is that you will be armed with proper court representation.
5. Ask Your Lawyer About In-Home Custody Evaluation
Your ex may try to discredit you as a suitable guardian. For this reason, ask your lawyer if it is possible to schedule an in-home custody evaluation. An in-home custody evaluation will have you moving within the confines of your home, so you can continue your parenting tasks without pressure and/or worry of your ex-spouse’s intervention.