Tuesday, August 3, 2010

Tips To Help You Win Your Custody Battle - Part 2

By Carlton T. Driver

Obtaining a divorce can be an extremely difficult time for a couple, even if the divorce is friendly. With a collaborative divorce, the question of child custody can often be addressed by a simple agreement, without much trouble. If a divorce is challenged, however, the question of who gets custody of the children can become a substantial hurdle. If you should happen to find yourself in this difficult situation, there are certain things that you can do in order to make it more likely that you will be able to obtain the custody of your children when the case is settled.

* 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 very important that you be as flexible as possible when it comes to making adjustments to your schedule to accommodate the needs of your children - and your former spouse - when it comes to matters of the children's schedules. Whenever possible, be cooperative when you are asked to adjust the days or weekends on which you are scheduled to have the children, when it becomes necessary. By doing so, you make it clear to the court that you are placing your top priority on the welfare of the children, and your own needs below that.

* Be prepared to show the court why custody should not be granted to your former spouse. Keep track of how much they are involved in the children's lives, and how willing they are to be accommodating to changes that are needed in matters involving their schedules. If you can show that the children seem to be less important to your ex, it can go a long way to 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 one best way to get access to this kind of information is to obtain a Custody Guide that has been written by true experts in the field - experts who have all the needed experience and know-how to compile the pertinent information, and to present it in a way that makes it easy for a person without legal training to understand it, and use it. There are various sources for this type of guide that will help you find your way through the often difficult legal landscape that is Child Custody. The links in the resource box will provide further information.

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