If you are going through the difficult process of divorce, chances are you will also go through a child custody battle if you and your ex-spouse have children together. The court will decide which parent gets sole custody of the kids, or if a joint custody is the better option. Here are some things you need to know about the process to fight for your right to get sole custody of your children after the divorce.
Hiring a Lawyer
ConnollySuthers and other Townsville family law experts say that you need to hire an attorney who can give you a sound advice and represent you in court at all times. Find someone with years of experience dealing with child custody battles and winning them. This will give you peace of mind about your court battle. Work with your lawyer and never say anything without consulting and getting advice from them.
Knowing the Determining Factors
First, you need to know the determining factors used in court. Although these factors differ per state, the ultimate goal is always to keep the children’s best interests in mind. The factors include the parent’s wishes and mental health, the quality of life you can give your children, and the children’s preference. If there is a documented abuse of neglect, it can greatly affect the court’s decision.
Push Through the Detailed Steps
You can file for child custody when you have an ongoing divorce trial and file for child custody modification if you can prove that the other parent is unfit or if there’s an unusual emergency. File the necessary forms and paperwork to the court and pay the filing fee. Afterward, you must serve the custodial parent a copy of the request and prove to the court that you did. The hearing will then start until the judge makes a final decision.
These are the things you may go through if you want to enter a child custody battle. Make sure to follow the steps and strategize with your lawyer to gain custody of your children.
