Child custody disputes are cases no parent ever hopes to be involved in, but you can increase your chances of the best outcome for everyone if you know what to expect to help you prepare to prove your case.
How to Prepare
Custody disputes are involved cases that require a thorough knowledge of family law. For most people, it's best to hire an attorney to help with all of the necessary legal paperwork and court filings.
One of the most important things you can do to prepare for your case is to document everything you can that has to do with your child, your relationship with your child's other parent, your living situation, and your employment. Keep letters, forms, documents from school, healthcare records, pay stubs, and any other documentation you think might be relevant.
Your attorney will be able to advise you about the specifics of your case so that you know exactly what you need to have for court.
During this time, you should also focus on your child. You'll want to build the best possible environment for your child. Make sure all of your child's needs are met and that you are providing a stable home with consistent parenting and emotional support. Try your best to cooperate with your child's other parent as much as possible, and follow any legal custody agreements that are currently in place.
What to Avoid
Custody disagreements make for extremely stressful times for everyone involved. Remember that your child is the priority, and try not to talk negatively about your child's other parent in front of them. Have discussions about your custody dispute and court proceedings away from your children.
Don't change your current visitation time if you can help it. Parents who frequently cancel or reschedule visitation time or arrive late don't look as good in court as parents who are consistent and reliable with their current parenting time. Similarly, don't prevent your child from spending time with their other parent unless there is a safety concern.
It's best to wait to introduce any new romantic partners to your children until after your custody dispute is decided. It may not look good in court if a child is exposed to other people in the middle of a custody dispute when it's unknown how long and how healthy or unhealthy those new relationships will be for the child.
How Custody Is Decided
Family courts consider many things to determine what type of custody arrangement would best suit the child involved in every custody dispute. Some of the factors considered include the parents' ability to provide financially for the child, their mental and physical health, their past relationship with the child and their ability to have a healthy relationship in the future, their parenting skills, and their criminal history.
In most child custody hearings, the court will hear testimony from both parents. Some custody hearings involve testimony from other people, such as family members or child caregivers, as well.
In some cases, the court may appoint a guardian ad litem (GAL) to investigate the parents and their homes. If you have a GAL appointed in your case, the court will consider the results of their investigation and any testimony they give as well. While the court will consider the guardian ad litem's evaluation, the court isn't obligated to follow any of the GAL's suggestions and may rule differently if other facts and evidence in the case change the situation.
Once the court has ruled on your case, it's important to follow the custody order as written. You can file an emergency hearing if your child is ever abused or neglected in another person's custody.
The best way to increase your chance of a positive outcome for your custody case is to hire an attorney. Kanehl Law Firm, PLLC, has an experienced family law team to help clients in Oklahoma. Contact us today to schedule a free consultation to discuss your case.
Phone : (580) 475-0070
Mobile : (580) 786-8122
Fax: (580) 786-5077
Address: 1111 West Willow Ave., Suite 200 Duncan, OK 73533