Child custody is often the most disheartening aspect of a divorce or separation. It is daunting to even hear about heated custody battles that take place in courtrooms. However, it is important to remember that all parents going through a divorce do not go through an extensive custody fight. Moreover, it is also possible for the parents in most of the states to have their own parenting plan.
Going through the process of child custody becomes much easier by understanding the relevant laws. It is true that these laws can be difficult to understand for a common man. However, it is important to know a few key points such as how child custody laws work and how parental responsibility is determined.
How do Child Custody Laws Work?
First of all, please remember that child custody laws tend to vary across states. Some states even have different terminologies for discussing matters related to it. However, the differences in laws across states are not substantial. Typically, regardless of the state, these laws take physical custody as well as legal custody into account. Physical custody refers to the living arrangement of the child. If the custody is shared amongst the parents, it also specifies the time span to be spent under the physical care of each of the parents. On the other hand, legal custody determines the legal responsibility of the parents in terms of making big decisions related to the child. This includes the child’s healthcare, education, and even religious practices.
How is Child Custody Determined?
Family courts in most states encourage divorcing parents to come to an agreement with the help of resolution techniques such as collaborative practice or mediation. By doing so, both parents can save a good deal of money and time. Moreover, this path often makes the parents more satisfied about the child custody arrangement. However, not all parents can reach such an agreement. In such cases, a child custody arrangement is determined by a judge in the court.
Dos and Don’ts for a Child Custody Case:
The outcome of a child custody case often depends on how you present yourself throughout the case. If you want to present yourself in the best light to the court, there are certain dos and don’ts that you must follow. This will significantly enhance your chances of winning the child custody case.
Dos:
- You should always show that you are more than willing to work with your ex to solve the child custody issue. It is possible that you may not like your ex. However, he or she is an integral part of your child’s life. Therefore, it is important for the court to have the impression that you are ready to work together towards a common goal.
- If visitation rights have been granted to you, take full advantage of it. Try to spend as much time as possible with your child and be a part of regular activities such as chores and homework.
- You should also request an in-home custody evaluation. This can be particularly useful if your ex tries to create a negative impression about your home.
- Do everything within your capacity to present yourself as a competent, loving, and involved parent.
- Familiarize yourself with your state’s child custody laws.
- Engage an experienced child custody attorney to guide you through the process.
Don’ts:
- Talk negatively to your child about your ex.
- Arrive late for visits or pickups
- Abuse drugs or alcohol while you are with your kid
- Reschedule your parenting time for the kids
- Come up with unfounded negative stories about your ex to win the case
- Refuse to do things instructed by the court
