Things Your Lawyer Needs to Know about Your Child Custody Case

A child custody case is usually very overwhelming for a parent. However to ensure that you get the custody of your child, you should share all details with your lawyer and be honest with him.

Here is the list of the things that your lawyer must know about the case:

• Details of the child in question: Your lawyer must know the simple details about the child in issue. The lawyer will use these details to determine what type of investigation should be carried out to support your case. Your lawyer needs details such as your child’s day care, school, and day-to-day activities to determine the best approach to establish your case in the court.
• Detailed information about the opposing party or any caretaker: To establish the case in your support, you must provide sufficient details about the other parent or opposing party. The information helps the lawyer prepare a visitation schedule that he will propose in the court. The lawyer needs to know where the other parent lives, works, what type of work he or she does, and whether the other parent is living with any other children or adult or has married. The court is interested in knowing how the life of the child will affect or to whom the child is exposed.
• Addresses where the child lived in the past: For building a case in favor of your custody interests, your lawyer must know where the child has been residing over the last few years. If the child has relocated frequently and lacked stability in these years, your lawyer can use the information for building strategic arguments.
• Incidents of domestic violence: Your lawyer needs to know if you have been involved in any incidents of domestic violence or a case has been registered against you. The court is also interested in knowing whether the charges were levied by the other parent or were made on behalf of the child.
• Details of any other cases involving the child: Keep your lawyer informed about any other cases involving the child such as child support case, juvenile delinquency, or abuse or neglect case, as the court often combines the cases. These cases greatly affect your case, as the court looks at the facts and the situations of the parent and the child.
• Previous child support orders: Inform the lawyer about any child support orders that you received before and how you are dealing with it as he can help you renegotiate the order.

The child custody lawyer may ask you many questions to ensure that he or she can prepare an argument favoring you. Make sure you answer the questions truthfully so that your lawyer can help you get the custody of the child.

Factors Used To Determine Child Custody

When a divorce takes place, there are a number of important issues that need to be resolved. However, one of the most critical and sensitive matters is to determine the custody of the children. Even in a collaborative divorce, working out which parent will be responsible for the upbringing of the child is quite stressful. Both spouses are always encouraged to mutually agree on the issue of child custody. However, if this is not possible, the court may need to get involved to make a decision.

There are numerous factors that affect the verdict regarding child custody. Generally, the main goal of the decision is to provide a safe and secure environment for the child to live and flourish. Some of these factors are:

• Consistency: While making a decision, the main focus of the court is not to disrupt the child’s life. Thus, it takes into consideration the previous home environment and the primary caregiver. For instance, if the mother has been looking after the child, giving the custody to the father would be upsetting and distressing for the child. Also, if the child will be living in a new home, its location, accessibility to school, parks, healthcare facilities will also be considered.
• Parental Fitness: Although the physical impairment of a parent is not considered by the court, his/her ability to look after the child properly is definitely a determining factor. The judge carefully analyzes the physical, emotional and mental well-being of each parent. If any of the parties has a previous criminal or felony record, getting a verdict in his/her favor is a tough task.
• Maintaining family relationships: The one who is more likely to encourage a healthy and long-term relation with the other parent has more chances to receive the custody. A history of interference in visitation rights can also be detrimental to your custody petition.
• Child’s Preference: Depending upon the age of the child, the court may also ask about his likes and preferences. However, this not the sole evaluator for the decision. The judge may consider the child’s choice in conjunction with other factors.

In addition to the above mentioned, there are various other factors that are used to determine child custody. These may include history of substance abuse or assault, parenting skills, child’s physical and mental vulnerabilities, relationship with either parent, and sexual orientation of parents’ etc.