When you're going through a divorce and dealing with custody issues - your first thought may be that you should have custody. If this is because it's in the best interest of your child, by all means, you should pursue it. However, if you are doing it simply to keep your spouse away from your kids because you want to hurt him or her - you should reconsider. The only thing that will accomplish is hurting your children as well and they could grow to resent you for keeping them away from their other parent. That said, here are some tips for how to win custody during a divorce.
Prove That You Are the Best Caregiver -
The courts will always have your child's best interests at heart. This means they will consider who the best caregiver is based on the household situation and living arrangements, family income and the ability to provide for the child, who will care for the child while you're at work and more. The key to winning the custody case is to show that you're the best caregiver for the child. If you've been the primary caregiver for most of the child's life, you will have something great going for you. For instance, you may be a stay at home mother. Be sure to prove that you're the best caregiver for your child.
Show Evidence of Your Concerns -
Many times, courts make their decisions based on evidence that a certain parent may not be the best parent. If there is any evidence that your spouse is not the best permanent caregiver for your child, you need to have it. For instance, there may be times that your spouse didn't do what he or she was supposed to do with the child. They may have forgotten to drop them off here or there or they may not have all of the important information for your child, such as medical insurance, school information, etc. This is information you need to show the court to prove that you are the best caregiver.
There may also be witnesses who can help your case. For instance, if your housekeeper or a family or friend has seen your spouse return the children at a later date than he or she was required to or without the necessary items, these people can help you.
Your Child's Opinion -
If the judge were to ask your child right now who he or she wanted to live with, what would your child say? Depending upon his or her age, their opinion may be taken into consideration. In fact, if your child is at a certain age, his or her opinion may be the deciding factor as to who is granted custody. This is why the parent who has taken care of the child primarily for most of his or her life gets custody in a large percentage of custody cases.
While there is no sure way to win custody cases, these things play a huge part in who gets awarded custody. By knowing this, you can be prepared to show that you are the best choice for the primary caregiver and that your spouse is not the best choice. By following the above tips for child custody cases, you can do just that.
Child Custody How To Win
Never keep your child away from your spouse because you are angry at them. Your child could end up resenting you or being very hurt because they're unable to see their other parent. Once you understand this, there are some other great tips to negotiate the best arrangement for your child.
Try to Compromise with Your Spouse - The best kind of arrangement is one where you and your spouse are able to see the kids equally. Of course, they will need one stable environment to reside at during the week, but perhaps your spouse could see them daily by offering to drive them home from school. By compromising with your spouse and removing your feelings from the situation when you're negotiating, you can arrange what is absolutely best for your kids.
The Primary Residence or Guardian - Typically, if parents can't decide who the child will primarily reside with, the judge decides based on several things. For the most part, the person who has been the child's primary caretaker for most of his or her life will have a good chance of becoming the primary guardian. This may mean the person who has handled school issues, doctor or medical appointments and other important things. The judge will also take into consideration who is best able to provide for the child and similar important factors. Remember this when you're negotiating the best arrangement for your child.
If Your Child is Over the Age of 11 - When your child is around the age of 11 or older, he or she may have a large say so in where they stay. What is your child's opinion and who does he or she desire to live with? You should definitely take this into account because in the event that you and your spouse cannot decide where the child should live, the judge will want to hear from your child. Of course, the judge will not put the child with a parent that is unfit, even if the child desires to be with them, but the child's opinion will greatly affect the custody case.
Be Reasonable - If your spouse is a good parent, do not be against the idea of visitation. If there is no reason why you should want to keep your spouse away from their kids other than because you want to, the judge will not think you're being reasonable or fair and it could look bad for you. Also, your spouse's attorney could grasp onto that and make it seem as if you're trying to hurt your spouse and your children because of your own childish emotions.
Although divorce is difficult and custody cases sometimes become nasty, these tips will help you know how to negotiate the best possible arrangement for your child. By taking these into consideration, you will be better able to negotiate to the type of arrangement you want, your child wants and your spouse wants.
Dani Taylor has sinced written about articles on various topics from Divorce and Infidelity, Child Custody and Family Concerns. Danielle L. Taylor is the author and editor for Xstilla.com one of the most active divorce support communities in the Web. To learn more about divorce, child support, dating or to discuss your problem with understanding members of the community visit. Dani Taylor's top article generates over 12100 views. Bookmark Dani Taylor to your Favourites.
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