How To Protect Your Child Custody Rights
Child custody cases have a reputation for being difficult for folks to deal with. Protecting your rights in such an emotionally charged setting calls for staying focused on the problem at hand. Let's take a look at the advice a custody attorney is likely to give you.
The Child's Interests Come First
Nothing is going to set the tone for how a case moves forward more than the conduct of the parties. Judges do not want to see people using kids as bargaining chips or as a means to exact revenge. Always put your child's best interests first, even if that means facing some hard truths.
Thoroughly Document Everything
If you're worried about a specific issue, especially something like physical or emotional abuse or the fitness of a parent, keep a written log of every relevant interaction. This means writing down when visits occurred, where the child stayed, how long these were and other small pieces of data. If there was a major blow-up that led to the police being called, make sure to get information about the police report and the names of any officers who showed up.
The same goes for dealing with relatively amicable child custody situations. Even under peaceful circumstances, it helps to be able to document things like child care expenses and education needs. You still should be keeping track of when you and your ex spend time with your child, too.
Do Not Rely on Informal Agreements
Some folks avoid hiring a child custody attorney because they think they and the other parent can sort things out on their own. Even if everything goes absolutely smoothly, this is an invitation to trouble. While it's an unlikely scenario, what happens if both parents are incapacitated at the same time? A whole new custody fight can emerge where grandparents, adult siblings, aunts and uncles are trying to figure out where a child ends up living.
Seeking Joint Custody
A joint custody agreement is usually the best way to ensure your rights will be recognized going forward, especially if you're the parent the child ends up spending the least time with. This will ensure you'll have a say if the other parent decides to move or to make a major decision. Most courts try to leave each parent with as much in the way of rights as possible unless there is a clear issue that harms the child's best interests, long-term well-being or safety.
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