How to Proceed With Child Custody
- 1). Find an attorney with a proven record of experience and success in family law. While you may believe that your case is simple and obvious, there are rules in family law that a judge must abide by. If your opponent has an attorney and you do not, what may seem like a logical, common sense solution to you may be opposed with legal terms that you may not understand or that you are not prepared to respond to.
- 2). Submit a custody petition at your County Family Court building. The National Center for State Courts website provides a list of links to courts in each state, whereby links to your county's Family Court is provided. Your petition should be clear and concise in stating what you are asking from the court, as well as brief but specific in the primary reasons you feel that what you are asking for is in the best interests of your child.
- 3). Prepare for the legal battle ahead by reading about your state's child custody laws. The Family Law Organization website provides a comprehensive list of links to each state's laws in relation to Family Court. Knowing your rights and how to prepare for the battle ahead will help to give you the confidence you'll need to stay calm and focused not only for yourself, but for your child's sake.
- 4). Join a support group such as dailystrength.org. While it is illegal for any non-attorney to give legal advice, it is helpful to read about other parents' experiences in custody battles, as well as knowing that you are not alone on this journey.
- 5). Be honest. The old cliche, honesty is the best policy, really does ring true in family court. In most states, judges are given a great deal of flexibility in their observations regarding a parent's character. Since the ultimate goal is your child's best interests, your actions and demeanor in court will weigh heavily on a judge's decision regarding the primary residence of your child. While evidence is certainly significant and sometimes even compelling, credibility will also be a large factor in a family court trial. Keep in mind that you are not expected to be a perfect parent, but if your motive for seeking custody of your child is truly for your child's sake, the best thing you can do for your child is to bring truth to the courtroom.
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