Going through a dissolution of marriage can be emotionally draining and overwhelming, especially when children are involved. At this time, you want to protect your minor children and ensure they are content with your family transition. Nevertheless, sometimes it is advisable to remove your soon-to-be ex from the picture and seek your children’s full custody. While there are no magical formulas for winning a custody case, this article delves into ways to increase your chances while considering your child’s best interests.
Defining Child Custody
Child custody is the practical and legal child-parent relationship, which includes the responsibility of a minor child’s care, control, and protection. It also entails raising the juvenile in the best environment possible.
In California, custody exists in two categories: legal and physical.
Legal custody involves the parental entitlement to make essential decisions about religious upbringing, medical care, and education in the minor's life. When you have sole legal custody, you can make decisions unilaterally without your partner’s consent. When parents have joint legal custody, they are entitled to make decisions. Joint legal custody is better than sole legal custody since it boosts the active participation of all parents in their minor’s life.
Physical custody implies where the minor resides and parental responsibility for daily care and control, like preparing meals, disciplining, and grooming. You will live with your child when you have sole custody, while the non-custodial parent will have visitation time. When you and your spouse have joint physical custody, your juvenile will spend quality time with you. Joint physical custody is most effective when both parents live near each other and reduces issues with engagement in sports and where the minor goes to school.
You can file for child custody for numerous reasons, including the following:
- You believe your soon-to-be ex is unable or unfit to offer adequate care
- You desire to take sole responsibility for your child’s upbringing and decision-making process
- You want to protect your minor from adverse influence
- You are dissatisfied with your current child custody arrangement
- You have concerns about your child’s health, well-being, and safety in their current living conditions
Every parent has varied reasons for seeking child custody. Whatever your reason is, ensure it is in your child’s best interest.
How to Win Your Case Where Your Child Has a Preference
According to Family Code Section 3042, the court considers the wishes of a child of sufficient age and capacity to reason when making an order to modify or grant child custody. The court also allows a child older than 14 who wishes to address the court about custody unless it determines the move is not in the minor’s best interests.
In this case, you should do the following to increase your chances of winning the case:
- Do not pressure your child; you can lose the case if evidence proves the minor expressed their preference due to your pressure.
- You should file a request for a court order promptly if your child’s preference is due to substance abuse, neglect, or physical abuse. If the reason is not any of these and the minor is not endangered, play the devil’s advocate.
- Find out whether the presiding judge prefers speaking with children or will appoint an internal court investigator or a lawyer.
- Communicate with your soon-to-be ex about the minor’s preference. That way, you will understand your partner’s position before filing your court order request.
- If your child is above 15, consider building flexibility into your court order.
- If your partner falsely accuses you of alienating or pressuring the minor, fight the allegations by taking your partner’s disposition.
Winning a Case Based on False Accusations of Abuse
According to Family Code 3027.5, no parent should be denied child custody or have limited custody rights because another parent reported suspected child sexual abuse, acted legally to determine whether the minor was a sexual abuse victim, or sought treatment for the juvenile from a mental health specialist for the suspected sexual abuse. The court can order limited custody if there is evidence that the parent intending to interfere with their partner’s contact with the minor knew their report was false.
You can do the following to respond to the false accusations:
- Collect as much evidence as possible to prove the accusations were false and that you are a competent parent. You can use text messages, character references from loved ones, and social media posts.
- Collaborate with the child protective services.
- Request a child custody evaluation that involves a third party investigating and submitting a report to the court.
How to Prepare for Your Child's Custody Court Hearing
Attending your child custody court hearing can be intimidating, mainly if you are unfamiliar with the legal process. Luckily, with planning, partnering with a family law attorney, and using the following tips, you can present a persuasive case and prevail.
Make a Great Impression in Family Court
A child custody case can sometimes be adversarial, and it could be challenging to stay level–headed. Make every effort to portray yourself as a responsible, involved, and caring parent. When appearing in California family court, ensure you:
- Dress appropriately
- Arrive on time
- Observe all courtroom etiquette
Also, avoid emotional displays and interacting with your partner unless the court directs it.
Stay Organized
Being organized means knowing different aspects of the case, including critical dates, evidence, and documentation. Ensure you organize your thoughts, understand the main points of the case, and be clear about what you plan to communicate.
Prepare the Relevant Paperwork
Before the court hearing, prepare every document related to your child custody case. It will allow you to rectify mistakes and locate missing paperwork. Ensure the documentation is well organized and easily identified when needed.
Understand the Court Process
You should understand and respect court processes to ensure the hearing goes smoothly. It entails addressing the court, entering and exiting the courtroom, and respecting the court process.
Hire a Child Custody Lawyer
Legal representation enhances your capacity to safeguard parental rights and establish a plan for the future as a family when addressing a custody case. Here is how a family law attorney can help you:
Your attorney will help you do the following:
- Establish case strategies — Since family courts prioritize the child’s best interests when determining custody disputes, your attorney will do their best to prepare your custody case evidence that shows your petition aligns with what is suitable for the child. Crucial evidence can include the home environment's suitability, an older child’s wishes, or evidence of any emotional connection between the child and the parent.
- Notify you of your parental rights—Terminating your relationship with your spouse comes with new legal challenges. You might be unaware of the applicable laws and confused about what to do. Consulting your lawyer lets you understand your legal position and navigate the process.
- Submit your evidence in family court. Your lawyer will guide you through navigating the court processes that the family court instructs both parties to observe.
- Coordinate your case with other expert witnesses — Child custody cases could involve allegations of child mistreatment or parental abuse of substances. An attorney could work to safeguard your interests. You might ask the judge to allow an expert witness to provide a professional opinion. You can also benefit from enlisting the services of a private investigator or an independent child psychologist.
- Pursue modification of child custody terms—Only a judge can modify a custody court order. The law identifies several genuine reasons for modifying custody arrangements. Even if you and your partner mutually agree to the modification, approaching the family court remains necessary.
- Organize evidence relating to the child’s living conditions and family relationships. Your attorney can help you submit proof of your child’s living conditions and family ties for the court to establish the minor’s best interests. Demonstrating that your spouse has an unsuitable home or your child does not know them well can impact the judge’s decision.
Other Proactive Steps That Could Help In Your Child Custody Case
Understanding the facts influencing the judge's decision in a custody case is vital for determining who your baby will live with and how often you are allowed access. These practical measures to increase your chances of gaining custody include:
- Partnering with your ex—California courts identify and applaud parents willing to collaborate in raising their child. Agreeing to co-parent is essential. Otherwise, you risk losing your baby’s custody. In family court, you should demonstrate willingness to collaborate with your spouse for your child's good.
- Participate in your minor’s education and school events—Maintaining an active role in your child’s life proves to the judge that you support your baby. You can continue being a present parent by attending their sporting games and the school’s parent meetings and supporting them during their musical recitals.
- Exercise your rights as a parent — Do your best to exercise your parental rights, especially if you are allowed visitation rights. Spend as much time with them as your schedule allows.
- Ensure you have adequate provisions for your child's needs in your home, including toys, clothes, toiletries, and bedding, to ensure the minor is comfortable.
- Maintain documentation — In scenarios where you believe your minor’s safety is at risk, for instance, if your former spouse has a history of domestic abuse, carefully document how you relate to them. Note that your spouse might feel the same way about you and can be collecting similar documentation against you. Ensure that communication with your ex focuses on your child, and put things in writing to help you present any evidence in court.
What to Avoid If You Want to Win Your Child’s Custody Case
Winning a custody dispute is not straightforward, primarily because many family courts prefer granting joint custody. However, you could sabotage their prospect of gaining custody by making the following mistakes:
Talking about Child Support Matters With the Juvenile
Even if your ex has not been making any child support payments, that should not result in you denying them their parental right to spend time with the child.
Also, refrain from talking about court issues with the child. While it could be tempting to divulge details of the case to your children, allow them to continue being children without burdening them with adult matters.
Discussing Visitation With the Child
Parents should ensure the child spends quality time with every parent and should not delegate the responsibility of establishing visitation schedules to their minor. You are parenting, and they are not parenting themselves. While you might believe you are empowering your child, you are placing them in an uncomfortable position.
Refrain from Speaking Ill of Your Partner for Buying Gifts for Your Minor
Be grateful that your minor received something that brought them joy or excitement, and refrain from being jealous that the gift was from your ex.
Children are intelligent, and buying them stuff does not win their love but attention.
If your minor wants or needs something unaffordable, do not complain. Instead, inform your spouse and discuss how you could purchase it if you deem it essential. Although you desire to offer the best to your child, they only need some things they might ask for.
Avoid Turning Your Baby into an Emotional Mule
You should not request that your baby relay messages to the other parent or spy on them. Your child should enjoy their childhood with minimal adult concerns.
Refrain from Siding with Your Child in Arguments with Your Soon-to-be Ex
Allow your baby to resolve issues they might have with the other parent without your interference. Do not allow them to drag you into their dispute unless you perceive they could be in danger.
Disobeying Court Requests and Orders
When seeking your child's custody, you must obey each family court order and request made in your case. Complying with the requests and orders demonstrates to the judge your commitment and dedication to your child's best interests.
Therefore, if you are instructed to attend parenting and counseling sessions, do so without delay. Ignoring or failing to abide by the court could result in contempt of court criminal charges, adversely affecting your case.
Alcohol and Substance Abuse
Refrain from alcohol and substance abuse, especially when with your child. On top of providing your spouse with more evidence against you, making poor decisions could hurt your child.
If there are substance abuse issues that your ex could easily document and use against you, ensure there are no suggestions that your conduct would jeopardize the minor. Good parenthood involves taking appropriate measures that safeguard your baby’s general well-being. Additionally, the judge could require you to test for alcohol and drugs if the other parent presents credible proof that you are placing the baby at risk due to substance abuse.
Reluctance to Collaborate with Your Soon-to-be Ex
Like many individuals, coexisting harmoniously with their former spouse can be challenging, but the court prefers granting joint custody to sole custody. Therefore, it is beneficial for you to resolve your differences and cooperate for the sake of your baby. Collaboration between you and your ex can help you raise the juvenile better and make it effortless for the minor to transition into their new mode of life.
Reluctance to work with your spouse could harm your chances in court, even when you can raise your child by yourself.
Avoid Verbal Abuse
Shouting at the other parent or minor is not appropriate. Your present situation might be frustrating, especially during heated conversations. If you experience mood swings, exit the room and calm down before restarting the conversation. Venting and verbal altercations could portray you as someone with significant anger management issues and harm your case.
Living with a New Partner
While divorce proceedings can be challenging for the parents, they are more difficult for the child. It is hard for children to understand that their parents no longer love each other and do not want to coexist. Your child seeing you offer love to someone new makes it more difficult for them to cope with things.
Physical Assault
Assault is a California offense punishable by jail time, and even if your former partner decides not to file charges, assaulting them or your minor could significantly affect your standing with the judge. When the assault incident comes to light, the court could rule in your former partner’s favor in the child custody dispute. Note that if you are physically abusive, your ex has already won the custody case.
Find Experienced Legal Assistance Near Me
The best way to consider your child custody case outcome a win is when the family law judge makes decisions in your child’s best interest. You should not leave your child's future in the wrong hands or up to chance. If you want to win your child custody case, Los Angeles Divorce Lawyer can help you secure your relationship with the minor within solid legal frameworks. We are dedicated to helping families through the legal process of child custody while avoiding unnecessary drama and expenses, and we can advise you accordingly and work aggressively to protect your rights. We can handle legal processes, court arguments, and relevant paperwork as effectively as possible so that the legal process can work in your favor. Please call us at 310-695-5212 to schedule your free, confidential consultation.
