How to Get Custody of Your Child
Getting divorced is never a fun. Things can get even more complicated if you have children with the person you are divorcing.
This is especially true if the other partner is going to fight for custody of the child.
If you’re going through a divorce (or about to) and need legal advice about how to gain custodial rights (or how to get visitation with your children), talk to a local divorce lawyer today.
An attorney can examine your unique situation and advise you on the best
Complete this free form to ask an attorney your custody questions.
Nancy’s Custody Question
Nancy from California asked…
I just divorce my husband because he didn’t want to be married any longer. We were married for six years and we have a four-year-old daughter that we are both love dearly.
I am recently unemployed and he works at a big name law firm. He works way more than 8 hours a day. I don’t think he’ll be there enough for her. He’s fighting for sole custody of her, but I want sole custody. What can I do? Do I have a shot?
Here’s an answer to Nancy’s question. But remember, every case is different, so we suggest you contact an attorney in your state for legal advice on your specific situation.
Nancy, you do have a shot. Everyone does. It’s clear you love your child, and that can help your case. The fact that you do not have employment is going to have to be rectified. Being unemployed means that you are going to have to solely rely on your ex-husband’s spousal and child support.
It could help your custody case to obtain employment somewhere before the hearing so that you can have it on paper that you have a steady income to support your daughter.
Karen’s Case and the Role of the Other Parent
Your ex-husband may have a strike against him in the custody case. Being employed more then 8 hours a day means that you are not going to be able to spend as much time with the child as someone who works less.
Also, it sounds like he holds an important position there. If he could be called away at a moments notice, that is another thing.
Despite the possible strikes against him, you are going to have to show documented proof that you are a good parent to your daughter.
Another area of concern is the type of divorce. Was there infidelity, abuse, neglect, etc? These things need to be brought up in court hearings to gain custody of your child. The mistakes that couples make are numerous. How to get custody of your child follow these simple steps:
Information About Your Child to Have for Your Custody Case
- Have a report of your child’s activities during the day to show that you have been watching them and show the judge that you have an active role in your child’s life.
- Show the pictures that you have taken of your child to show the frequency of the care that you take in your child’s development.
- Be sure to bring pictures that your child has drawn.
- Bring a pre-school schedule (if any) with you.
- Bring witnesses to testify of your care that you give to your daughter.
Information on your Husband to Have
- Any police reports (if any) on Domestic Violence
- Work schedule of your husband before the divorce.
- Amount of time spent with your child before the divorce
- If there is Alcohol, Log how much your husband drinks
- Your husband’s behavior toward your daughter before the divorce
You are going to want to spend time preparing the proceedings of your case with a divorce or family law lawyer.
Your ex-husband wants the custody to be solely his for many reasons. Whether or not he loves your daughter is not in question. Many husbands want custody of children as a sort of trophy from the divorce. Keep that in mind and you will do fine in your child custody hearings.
Be sure to cover all the facts in your paperwork so that you won’t stumble through it.
Custody battles can be brutal and you cannot trust anything that you hear from your ex-husband regarding your child. Get a lawyer on your side. I wish you all the best of luck to you and your case.