Not all custody and divorce cases are simple and easy. Some parents might find themselves in a position where they need to gather as much information as possible to show the judge that the other parent is not the right choice for the child to be living with. This is especially true for fathers. Historically, courts tend to side with the mother as far as placement of the child goes. If you’re a father and you are finding yourself facing an uphill battle regarding showing the judge that the other parent is unfit or has an unstable lifestyle or home life, presenting the proper evidence to show this to the judge is crucial; this goes for mothers and father alike. If you find yourself in this kind of situation, here are a few things to look for and bring to the judges attention if you are fighting for custody of your child:
- Financial Records. If you’re going to court about a financial stipulation such as modification of child support or claiming one or more children on your taxes, having the documents together to show the court why you should receive more money from your ex for child support or shouldn’t be paying as much child support as you do, is what you need to bring to court or have your attorney include in your documents. This might include receipts, copies of checks, tax records or any other relevant financial statements that will work in your favor.
- Employment or Housing Information. If you’re concerned about the other parents living situation and you have evidence that suggests that they do not have a proper place to house the child in question, do everything you can to bring this kind of stuff to light. If you’re worried the judge will grant your ex full custody of the child and they are unemployed, make sure this is addressed in the negotiations.
- Verbal or Written Agreements. It’s quite common for parents to make agreements between each other that are not put into a court order. Bringing these kinds of agreements to court and showing them to the judge has the potential to make or break your case. This can have a number of implications. If your ex is petitioning for full custody and is telling the court that you guys never had an agreement, having some form of proof that you did have such an agreement will obviously work in your favor. In cases like this, a written agreement is better than a verbal once. Having records of e-mails, text messages or voicemails all serve as relevant evidence.
If you’re unsure at all about how to go about the process, meet with a legal professional who would be able to provide you with some advice or information on protocol for presenting this kind of evidence or resources for gathering said evidence. A good thing to keep in mind is not to point fingers unnecessarily. The idea here is that you want to identify and fix a problem and improve your child’s quality of life rather than putting all your efforts into figuring out whose fault it is.
- Which Child Custody Plan is Best For You and Your Children? (aboutthechildrenblog.com)
- Guidelines for Child Custody and Visitation for Indiana (aboutthechildrenblog.com)
- Parental Relocation in Child Custody and Visitation situations (aboutthechildrenblog.com)
- Collaborative Family Law (aboutthechildrenblog.com)