If you’re going through a divorce, one of your biggest concerns is likely how to get custody of your children. It’s normal to worry about who will be taking care of them and how they will be affected by the split. The good news is that there are steps you can take to ensure that you get custody of your children during the process. Here are a few things you need to do in order to get custody of your kids during a divorce.
If you and your spouse cannot come to an agreement on custody, then it will have to be decided by the court. This means that there may be a hearing or two where both sides present their case for why one parent should have primary physical and legal custody over the other. In order for you to make a strong case, you should prepare any documentation or evidence that shows why it would be best for you to have primary custody, such as financial statements, schedules, letters from employers or references from family members or friends. You should also familiarize yourself with the laws in your state regarding child custody so that you know what factors the court takes into consideration when making its decision. You will want to work with a lawyer, like Brabazon Law Office, LLC, to help you with the court process.
If possible, try to negotiate with your spouse without having to go through court proceedings. This can save time, money, and stress on both parties involved—especially if there are minor children involved in the divorce process. If negotiations fail, then at least having tried this route first shows the court that both parents made an effort before deciding on a judge-imposed arrangement. When negotiating with your spouse directly or mediating through an attorney or third party, it’s important for both sides to stay open-minded and understand each other's point of view so that each parent feels like they are getting something out of any agreements made between them.
The court considers several different factors when determining who should receive primary physical and legal custody of any children involved in a divorce proceeding. One major factor is whether or not either parent has demonstrated themselves as fit enough to provide care for their children. Courts will evaluate things like employment status, past criminal record (if applicable), financial stability/income level versus expenses, drug/alcohol abuse history (if applicable), lifestyle choices/habits (e.g., smoking around children), living arrangements/home environment conditions among other things when evaluating fitness as a parent. Any evidence that can show relatable proof of these items can help build your case if going through court proceedings becomes necessary.
Going through a divorce is never easy but knowing how to get custody of your kids during this process can give some peace-of-mind amidst all the chaos and uncertainty that comes with this life change. Being prepared for potential court hearings by gathering all relevant paperwork and researching laws pertaining to child custody can help strengthen your case if necessary while also being ready and willing to negotiate outside of court proceedings can save time and money while also alleviating stress on everyone involved—especially if minor children are involved in the divorce process too. Demonstrating yourself as fit enough mentally and financially capable of providing adequate care for any minor children is also important when trying to secure primary physical and legal custody during the divorce proceedings too. Doing these three things will help give you confidence in knowing what needs doing in order to achieve success during this difficult time of transition within family life.