How to Prepare for a Custody Battle

Family law is a branch of law that focuses on child custody, divorce, and domestic violence cases. There are quite a few things to do to prepare before going to court when kids are going to be involved. Here’s what you should know before you go to court to fight for custody of your children. 

Understand child custody laws for your state - Child custody laws vary from state to state, so you need to research family laws in your state before going to court. Being educated will give you a better shot at gaining full or partial custody of your kids.

Familiarize yourself with the better-parent standard - The better-parent standard only applies to those who are trying to obtain full custody of their children. To get full custody of your children you will need to provide the judge with hard evidence that shows your ex-spouse is unfit to be a parent. No judge wants to see a parent lose all rights to raising their child and being in their life, so this is typically a very hard battle to win.

Have the documents you need for court - Talk with your divorce lawyer to determine what documents you should be bringing to court with you. Depending on your situation you may need things like a written schedule for your children to get time with you and your ex-spouse and proof you have been paying child support. There are other documents you need for child custody hearings as well, so make sure you have a conversation with your divorce lawyer ahead of time.

Learn what is allowed in the courtroom - Your divorce lawyer can teach you what you can say in court and what kind of statements you should avoid. Anything that comes off as unstable outbursts, emotional outbursts, or statements accusing your ex-spouse of something can cause you to lose all or partial custody of your children. 

Contact our family law office, Gans & Gans Family Law Attorneys to schedule an initial consultation or for information about divorce lawyers.