Unfortunately, many parents face having to deal with child custody cases. With the divorce rate nearing almost 50 percent, it is important for people to arm themselves with as much knowledge as possible before they proceed with taking any legal action. Here are five tips for winning your child custody case.
Study Your State's Child Custody Laws Carefully
Winning a child custody case takes strategy. It is important to study your state's child custody laws so that you can ensure that you are following the legal procedures involved to have a successful outcome.
Understand the Better-Parent Standard
Some parents decide to file for sole custody. In this type of custody case, the better parent standard is often used. It is when one parent tries to prove that a child is better off with them full time than with both parents equally. In this type of family court case, one parent often comes off as they are seeking revenge on the other parent so it is important to have proper legal guidance if pursuing sole custody of your child so that the right point of view comes across during arbitration.
Be Detailed in Your Motion Paperwork
Judges rule based on the information put in front of them so leave nothing to chance when your paperwork is being put together. You need to show clear and concise facts that will show anyone that what you are asking is reasonable and is in the best interests of the child.
Submit the Right Paperwork
You will need to submit exhibits in your motion filing that show the judge the facts that you have stated in your motion. Once you have everything together, you should have someone such as a lawyer read through it to make sure that it flows well and clearly tells your side of the situation. You will need to send copies of the motion to the court and the other party in the matter. You will need to show proof that the documents were served properly so that everyone has the information needed to move forward.
Display Proper Courtroom Etiquette
Some legal motions are never given an oral argument even if both parties in the matter request one. If you do go before the judge, you will need to display property courtroom etiquette. Judges hate to see people who argue and act in a combative manner. Always take time to be respectful and listen to what the judge has to say. You do not want to ruin your chances of being heard. A courtroom is not the place to air your dirty laundry against your child's other parent. This type of action turns off judges and makes them feel bad for the other parent, which can backfire in your case.
In conclusion, winning a case in the family court system takes a lot of time and effort. The key is to be as prepared as possible so that you present your case well. If you hire a lawyer to represent you then ensure that he or she has a winning track record and can work well with you during the proceedings.
