Divorce is difficult.
When children are involved, it’s unbearable. You want what’s best for them no matter what. Every decision you make seems to weigh on your mind. Is this what’s going to affect the rest of their life?
What if you’re not prepared for your custody battle?
If you’re going through a child custody battle, you’re going to feel overwhelmed. You’ve got the legal aspects to consider along with finances. Not to mention you literally could lose time with your kids if you don’t know what you’re doing.
Don’t panic.
Here are the secrets to winning your custody battle.
What you’ll learn:
- Why Child Custody Battles Are Different
- Types of Custody
- How Family Court Judges Really Decide Who Gets Custody
- Why Representing Yourself is a Terrible Idea
- 3 Mistakes Parents Make that Destroy Their Custody Cases
Why Child Custody Battles Are Different
If you thought divorce was difficult, child custody will break you.
You are fighting for your children. They are the most important thing in your life, which is why now you have to sit in a cold courtroom and listen to a stranger talk about who gets to spend more time with them.
It’s personal and it sucks.
Divorce is tough, but legal custody battles are a whole other beast. They take over your life. You constantly think about who’s going to win custody of your children. Every minor decision can determine your children’s future.
That’s why you need to know exactly what you’re doing.
Family courts don’t play around when you have kids involved. They have tons of regulations on what parents can and cannot do. If you don’t know about these laws, you’re doomed before you even start.
The good news? You can prepare yourself by educating on custody battles.
Types of Custody
You have several different types of custody, and you need to know the differences. When you hire an experienced divorce lawyer in Vaughan, they will explain everything to you and help guide you through what you should be seeking.
Joint Custody: Both parents still have a right to decide on important life events. Education, medical, and religious decisions are some of the choices parents have to make together.
Sole Custody: As you can imagine, this means one parent makes all the decisions for the child. There are some cases where this happens like if one parent was abusive or unfit to care for the child.
Shared Custody: This refers to where the child spends most of their time. You’d think with shared custody that children are split 50/50 with each parent, but that’s not always the case.
Did you know that in Canada 66% of custody rulings are by consent? It means that parents who have children come to an agreement on their own without needing to go to court.
That’s the goal.
You should always try to work with your ex when involving children. However, for the 34% that can’t agree, they have to leave it up to family court judges to decide what’s best for their children.
How Family Court Judges Really Decide Who Gets Custody
If you want to win your custody battle, you have to think like the judge.
Parents fight for years over their children not knowing what family court judges are looking for. You have to prove you are the best parent for that child. Yes, it’ll come down to who the judge thinks can provide better for the child’s life.
How do they determine that?
Stability is a big one. Who has a job? Who lives in a place big enough for the children? Who has a supportive family around them? These are some of the things judges will look at.
But there’s a lot more.
Judges want to see that the child will maintain a relationship with both parents. If you plan on badmouthing your ex to your kids, think again. The judge will not look too kindly on that.
The age of the child can actually matter as well. If they’re older, judges will give them the opportunity to say who they want to live with. Some parents think just because their child says they want to live with them that they win custody.
Incorrect.
The judge has the final say.
Why Representing Yourself is a Terrible Idea
Listen, if you and your ex can come to an agreement on your custody battle great. You don’t need to read this article.
However, if you’re fighting for your kids…
Do NOT represent yourself in a court of law.
You don’t know what you’re doing is wrong. Sure, you can Google everything. But family courts are tricky.
There are tons of forms you’ll need to fill out and deadlines you need to meet. Are you going to be able to do this while going through a stressful custody battle? The answer is probably not.
When you don’t have a divorce lawyer representing you, it reflects your character.
Judges tend to believe that you are saving money by not hiring a lawyer when you should be investing. Especially when your kids are on the line, you shouldn’t take any chances.
Research shows that 90% of custody cases are resolved without court trials when parents have proper legal guidance.
3 Mistakes Parents Make that Destroy Their Custody Cases
Parents think just because they have custody over their children that they can do what they want.
Some of the things parents do are just heartbreaking. Again, remember you’re not just proving to the judge that you’re the better parent. You’re deciding your child’s future.
Mistake #1: Using Your Kids As Pawns
Whether you’re angry at your ex for leaving you or cheating, you shouldn’t bring your kids into it.
Family courts do not like it when parents try to turn their kids against the other parent. If you’re threatening to take away visitation rights because your ex said something to your kid, you’re going to hurt your chances of winning custody.
Mistake #2: Not Keeping Proof
Again, divorce and custody battles are all about proof.
If you say you’re spending every waking moment with your child, show proof. Keep a calendar of the times you spend with your children. Save any emails you have between you and your ex.
Don’t just say you are a great parent, prove it!
Mistake #3: Moving Out
Some parents decide to move out of the family home during a divorce. In most cases, that is perfectly fine. But if you have children and decide to move out, that could destroy your case.
The judge could assume you didn’t need to live with the children full-time or that you abandoned them.
Avoid doing this at all costs.
You Need Professional Help
You need help if you’re going to win your child custody battle.
There’s too much on the line. You can’t be stressing about what form you need to your children’s entire lives. Hire a professional divorce lawyer to help you today.
Divorce lawyers know family court judges and how they run things. They know what you need to do to prepare yourself for battle. Your lawyer can help you avoid all the simple mistakes people do when they don’t know any better.
Hiring a lawyer can be expensive. But the reality is that without proper legal representation, the chances of losing custody time increase significantly.
Professional legal help is essential for parents fighting for their children. Without a solid divorce lawyer by your side, the odds are stacked against you.
There’s too much at stake.