Undergoing a divorce process can be one of the most stressful, even depressing, moments for every couple. Soon-to-be-ex couples, rather. However, not only the couples go through emotional hard times but also the children. Parents would fight tooth and nail to be granted custody of their children.
In such cases, soon-to-be-ex couples need to hire top-rated divorce lawyers to handle their divorce case. If there are children involved, they need to consult child support lawyers. Parents who are undergoing a child custody battle should prove that they are capable of taking care of their children.
But what if one of the spouses believes the other spouse is putting their children at risk? Is it possible to reverse the custody and granted to you instead? How should you deal with a toxic ex-spouse? These are some important questions to consider related to child custody.
Preparing for the custody battle
Every couple wants a peaceful child custody battle. Unfortunately, it is not always the case. Those who want sole custody of their children often end in an embittered court battle. In such cases, you need legal help from skilled family lawyers. It will be a long battle, but it should be done especially if children are involved.
To win the custody case, you need to do your homework. You would also want to hire top-rated divorce lawyers to help you with the case. Most importantly, you should prove that you have the capability to take care of your child in all aspects of his or her life. To ensure as harmonious set up as possible, the ex-couple should agree upon the following.
- Living arrangement
- Getting to know more about your kids (ex. school schedule, friends list, or even medical issues)
- Willing to compromise with your spouse
You will also need to get your witnesses to support your child custody case. It can be tempting to badmouth your ex-spouse in front of your children. Try to treat each other as civilly as possible. Good family lawyers will also help you win the case.
What is an unfit parent?
Everyone can be a father or a mother, but not everyone can be a good parent. A good parent should be one who can provide all of the child’s physical, mental, and emotional needs. So, how do we define an unfit parent?
A parent is deemed unfit if he or she displays abusive behavior toward the child. The parent is also considered unfit to take care of a child if he or she has issues with substance abuse. The parent may have been sober for years but experienced a relapse which affected his or her capability as the child’s legal custodian.
Other factors that can be grounds for an unfit parent include:
- Cruelty (ex. domestic violence, verbal abuse, neglect)
- Non-cooperation with the other parent
- Dependence to the other parent (when it should be him or her taking care of the child in the first place as the legal custodian)
- The potential threat to safety or health (ex. domestic violence, substance abuse, not addressing the child’s health concerns)
- The child’s attitude toward the parent
How to seek child custody from your ex-spouse
First of all, the judge will still have the final say which parent gets custody of their children. However, there are also standard guidelines that will determine whether a parent does not fit for a child custodial right.
Check your state’s laws.
Each state has rules that determine a parent’s capability to care for a child. That is why you should do your research and keep important pieces of evidence that will support your claims.
Get as many pieces of evidence as possible.
The most important thing you should do is gathering your pieces of evidence. As in cold, hard pieces of evidence. It can be in a form of videos or photos, screenshots of messages, and testimonies from your witnesses. This is important especially if you want to request a custody change.
Fill out forms and other necessary paperwork.
You don’t just go straight to court and demand a custody change. You need professional help from the best divorce lawyers. Also, you should fill up all the needed forms so you can go ahead with your custody appeal.
Every parent only wants the best for their children even if things did not work between his or her spouse. Child custody can be a long process and requires strong pieces of evidence if you want to be granted custody to your child. For your child custody and other divorce-related concerns, you should hire the best child support lawyers in Fairfax VA.