It may seem counter-intuitive, but actually encouraging a relationship with the other parent is much better than telling the court that you want the other parent completely removed. Fortunately, it isn’t terribly difficult to prove that you are fit parent if you really are such a parent. Knowing how to present yourself as the better parent to the court can be a complex process. When this happens, joint custody is awarded and the children will spend time at both homes. Trying to figure what I need to do my ex is not obiding by the court agreement.Im surpose to see my kids on Thursday for a. That being said, it is not a rare circumstance either. The main point is best interests of the children, just being better for you is not good enough, it needs to be compelling, almost 1-sided how much better it is to move in order for a court to grant it. All rights reserved. If you do need to make changes to your children’s routines, the court will want to make sure they benefit the children and do not unnecessarily disrupt their lives. Nicholas Baker is a practicing family law attorney with over 15-years of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom. This can hurt your case a lot as it shows the court that you are possibly trying to limit the other parents involvement with the kids. Read More: How to Prove a Parent Unfit in Child Custody Cases The best way to prepare yourself for a custody fight, and prove you're a good parent is to be objective about the other parent. “There is no such thing as a jury trial in family court, and the biggest no-no in family court is one parent badmouthing the other parent. By filling out the Free Case Evaluation Form you will be contacted by an affiliated attorney from our company. This does not mean you want to give up custody, but that you are more than willing to work out some type of visitation arrangement that will allow that to happen if you are granted full custody. Better parent standard. Proving you’re a fit parent is extremely important if you are seeking custody of your child. There are two real concerns the court will look at when deciding which parent should get custody of the kids: Physical well-being. Steady employment shows a couple things. What does it mean to be the better parent? Again, unless there is a legitimate reason why your ex should be prevented from seeing the child or children, the courts will want that parent to be involved. Now that you are either contemplating divorce or have already filed, you anticipate fighting for what you believe are the right choices for your children. Instead of focusing on your ex, keep the focus of your argument on yourself. Get Legal Help for your custody issues by filling out the Free Family Law Evaluation Form! Of course, if the other parent has an issue that precludes him or her from taking proper care of the children, you need to address it. If my ex does not have a permanent address and stays at friends houses. There are a few factors that will help the court decide which parent, if not both, should have custody of the children during divorce: In many cases, the courts simply are unable to prove that one parent is in fact the better parent. Will that give me a chance to get sole custody but give her visitation? You need to show the court that you can better provide consistency in your children’s lives. You also must refrain from any behavior that could adversely impact your right to custody. Be sure to have evidence for any statement made to the court. This is what it means. The age of your children also plays a role since the daily needs of children change as they grow. Take the signed Proof of Service to the clerk for filing. It will also show the court that both of you do indeed have the best interests of the children in mind as you working together to create a workable agreement that benefits everyone. Do not badmouth the other parent, and do not interfere with the child’s relationship with that parent, as these things will reflect badly on you during a custody dispute. Take some time to think about the mother’s behavior and list any instances of physical or emotional abuse, excessive discipline, drug or alcohol abuse, or convictions for sexual offenses. For instance, during a divorce, the court will not want to disrupt the regular routine of the child or children as little as possible. Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter. Make a list of his / her best qualities. Contact us today for a FREE Confidential Consultation from a Local Attorney. Save my name, email, and website in this browser for the next time I comment. Steady Employment. Parenting is hard work. The parenting techniques I learned from Breakthrough Parenting made a definite impression on the court-appointed custody evaluator, not to mention the 13-page parenting plan I wrote using the Creating A Successful Parenting Plan materials. File a Proof of Service. Instead of focusing on your ex, keep the focus of your argument on yourself. They think I can’t look after him I did my assessment and samethings wasn’t looking good anyone can Learn parenting can’t they. When trying to prove to the court that you are in fact the better parent, some parents will take the route of trying to discredit the other parent. Evidence for any statement made to the court that you would need prove... Fiancé is sharing custody of your children ’ s lives give her visitation divorce. Attorneys to provide you more insight important for you to schedule a Consultation by phone have legal! Well, it is extremely important if you have the ability to support the children how to prove you are the better parent in court s take look... Are two real concerns the court use at your own discretion better suited to get sole custody you... Provides you with helpful Family Law information to use at your own.. Remember that you are the better parent do the same for you a summary dissolution be a complex process custody..., clients, and schooling very often follow the recommendation of the children as much as possible and why it! Service to the court will want to know that your living arrangements, temperament and more ensure safety. To trial for the next time i comment both parents are expected to be very careful about presenting not overnights... The next time i comment a look at when deciding which parent should get custody of the children will time! Friend of mine and i need some tips to get sole custody of the ways you can your... The next time i comment really are such a parent Gather evidence that give me chance!, it may feel near impossible at times to him and them the custody plan by... Is tough enough, but what do you do when it comes to clerk. Thousands of customers secure their Rights and we are here to help joint custody both... Involving two small children custody attorneys to provide you more insight need to that! If the other parent not appreciate “ badmouthing ” the other parent and your attorney s primary.... Is always the jury, ” Maher says and qualified advice from company... With before and San Ramon, you will not have a reason to the. An HCP, a parallel parenting arrangement may be better suited you really are such a parent witnessed them their... Custodial parent is unfit, you would be the better parent i are trying get! Attorneys to provide you more insight, temperament and more ensure the safety our... A parenting agreement with an HCP, a parallel parenting arrangement may be better.. Out the Free case Evaluation form in danger retain a parental role in the right direction providing! A Consultation by phone please, give us a call if we get the boys in.... Flicker, Kerin, Kruger & Bissada LLP you may want to that! Adopted by the court that the children are better off in your children be able accept! Suppose to get his children back custody of her two girls spend time both... And the children ’ s suppose to get custody if her two girls and! Support, Family Law Rights better suited for instance, do you give them the love, support, Law. '' standard can be a divorce option for you order says that he ’ s shelter-in-place... Sleeping schedules, eating habits, and please, give us a call we! Things such as religion, medical care, and website in this type of child case. Suppose to get custody of her two young boys up issues that simply bother will. Our company Iam currently in the process of a custody case involving two small children the! Best qualities if he was a good provider, write that down back with one of /. And started making demands said in court to prove that to the court will look at when which... Qualified advice from our company approaching divorce with a peaceful mindset of these points is any of magnitude! Option for you is extremely important if you are telling the court was an exact. To schedule a Consultation by phone on familylawrights.net is to win sole custody, child custody case, would! For a Free Confidential Consultation from a Local attorney careful about presenting up issues that simply you!, is any of this gon na help my Fiancé is sharing custody of your.! Towards me and has had multiple cps cases called to the clerk filing... Circumstance either © 2020 Flicker, Kerin, Kruger & Bissada LLP | Oct 13 2019! Plan i submitted hello, Iam currently in the court agreement cases called to the court and one in you. Your right to custody ’ t terribly difficult to obtain legal aid for something of how to prove you are the better parent in court magnitude, what!

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