Tuesday, August 3, 2010

Tips To Help You Win Your Custody Battle - Part 2

By Carlton T. Driver

When a couple initiates divorce proceedings it can be an extremely stressful experience, even if the divorce is amicable. With an amicable divorce, the question of child custody can often be worked out by simple agreement, without much difficulty. When a divorce is contested, however, the issue of child custody can become a major hurdle. If you find yourself in this nightmare, there are things you can do to make it more certain that you will be able to win in the struggle to be given custody of your children.

* Maintain a detailed calendar of anything that involves your children, and the daily details their care. You need to be aware of the activities they are involved in, and know what their daily schedules are. You also need to keep track of the details of any situations where your ex was unable or unwilling to fulfill obligations involving the children - whether it involved picking them up at a certain place and time, or dropping them off on time, or other instances of failures to fulfill commitments.

* It is vital that you be as flexible as you can possibly be when it comes to making adjustments to your situation to be able to accommodate the needs of your children - and your former spouse (although that may be a tough pill to swallow!) - when it comes to your children's schedules. Whenever you can manage it, be very cooperative if you are asked to make adjustments to the days or weekends when you are scheduled to have the children. By doing this, you make it evident to the Court that you are making the welfare of the children your top priority, and placing your own needs below that.

* Be ready to present to the Court arguments as to why custody shouldn't be given to your former spouse. Keep records of how much they stay involved in the daily details of your children's lives, and how willing or unwilling they have been to accommodate changes that become necessary in matters that their schedules. If you can show the Court that the children would appear to be less important to your ex, it can help greatly in making your case.

* If your custodial adversary has a history of issues such as poor mental health, drug or alcohol addictions, or a criminal record, these are legitimate issues that can be raised before the court to support your case for being granted custody. If your former spouse is behaving inappropriately with a new sexual partner when the children are present, you can also raise that issue with the Court. Any substantive issue that could adversely affect your children is a legitimate issue for the Court to review when deciding your custody case.

* Make your best effort to hire a competent attorney who can help you with your custody case. An attorney who truly has your best interests, and those of your children, at heart will be your best ally in your case for obtaining the custody of your children. It is also true, however, that finding that special attorney is often an almost impossible task. As a result, you need to have a "fall-back", some resource that can provide an additional source of help you just in case your attorney turns out to be lazy, and simply interested in biling hours while doing little actual work. Another situation that can, and often does, come up with an attorney is that they are simply too busy to keep up with all the important psychological and legal approaches, the kinds of evidence, and types of accusations that work (or fail to work) in the Family Courtroom.

The best way to get obtain this kind of information is to have access to a Custody Guide that has been written by some experts in the field. They should be experts who have ample experience, and the know-how to compile the relevant information, and present it in a way that makes it easy for a person without a non-judicial background to understand it, and make use of it. There are numerous sources for this type of guide that can help you find your way through the pitfalls that can block your route to getting Child Custody. The links in the resource box will provide further information.

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