As child custody lawyers, we know there is nothing more serious in a divorce case that the custody and well-being of the children. This is not to be taken lightly. If you have reason to believe that the children are better off with you, the court will have to know why. They begin the process with both spouses side-by-side. In the event of a negative situation, the soon to be ex-partner is not going to volunteer that he drinks too much, is abusive, and waste money set aside for the bills to go to the casino.
Clean Up Yourself First
When living with a person who is irresponsible hurts you as a family. Your lawyer is going to take a look at your situation before you go to court. Their goal is to show the courts that you are a responsible person, who will be a valued member of society since your spouse is out of your life. If there are bills that were never paid, make payment arrangements to get them off your record. If you do not have a job, get one.
The court is obligated to look at every aspect of your divorce. It is almost guaranteed that your partner’s view of what happened and how things got in such a mess will be completely different from yours. Your lawyer knows what evidence to gather to prove you are being truthful.
Since the children in the case are unable to defend themselves, the judge is going to do everything in his or her power to ensure the children are safe. The judge may assign a guardian to represent the child.
If the child is old enough, they will ask them who they want to live with. If the child can express his or her desire to stay with daddy, the guardian will skillfully dive deeper to find out what happened. Sometimes a child wants to stay with their dad because dad is nicer to them. A trained guardian can get to the bottom of any negativity and their findings are reported to the appropriate people to protect the child.
If during the investigation it is found that your ex-partner was a domestic abuser, a child molester, or child abuser, a violent member of the family or an overall mean person, the judge may deny them any contact with the family, depending on the seriousness of the crime. The judge takes everything into consideration, so your child custody lawyer will make sure he or she gets a clear picture. You will need to be prepared. Your spouse will be ready to try to shoot you down. Be truthful, open, and provide all the proof you have. This can include witness statements, medical records, and photos.
Nothing But The Truth
If your spouse is a good person who loves the children and tries to be a good parent, do not present them as anything else. Trust your child custody lawyer to have the skills to get a favorable outcome.
An Attorney Can Help
Someone is going to get custody of your children. If both parents are honest and good people who love the children, the judge will lean toward joint custody. California wants families to function in a way that gives children the ability to form a firm relationship with both parents.
If there is a reason that one parent should get sole custody it is the child custody and visitation attorney who can help you and your children.