Most people assume child custody battles exist between divorcing spouses alone, but that’s untrue. Any couple who share a child or children, whether married or otherwise, will likely share custody when the relationship ends. Unfortunately, while some arrive at a custody agreement amicably, others turn it into a battle with the child amid the turmoil.
Winning a child custody case is always important, but it’s best when both parents walk away as winners. However, there are steps to it and things the involved parties must do. This article brings you expert tips that would help you win a custody battle, whether you’re opting for full or joint custody. In addition, our expert Charlotte child custody lawyers at Waple and Houk can provide you with all the help you need in a custody case.
What Factors Influence the Award of Custody?
Before discussing the tips, let’s look at some of the factors that influence the decisions in child custody cases. They are:
- The emotional attachment of the child to each parent
- The quality of the relationship the child has with each parent
- Whether the parent requesting custody can provide a stable and healthy environment for the child
- The mental and physical wellbeing of the parents and the child
- Whether the child has ever suffered emotional or physical abuse or neglect
What Step Should You Take to Win a Child Custody Case?
Below, our Charlotte child custody attorneys discuss tips or steps to take to win a custody case in North Carolina.
Assess Your Situation
In all legal matters, no two cases are ever the same; it means that each case is unique even if they share similarities. So, even if you have a friend with a story similar to yours who won a custody battle, it doesn’t mean you’ll win yours. Hence, you must take a step back and analyze your “unique” situation.
The first thing to determine is whether you or the other parent have filed the custody petition. If you haven’t, then the battle hasn’t begun. Next, ensure you have attempted and exhausted all avenues for mediation before filing a court case. Mediation allows you to settle without a fight, and you only go to court to seal the agreement. But should mediation fail, go to court.
Determine the Areas of Disagreement
Most custody cases are based on disagreements. These disagreements are usually the different opinions of the parents on issues like:
- Visitation period
- Full or joint legal or physical custody
- Abuse and other forms of endangerment, etc.
You should also know why the mediation did not work and work out a plan for the court case with your Charlotte family law attorney. Note that you cannot skip mediation, as it’s an essential element in family law cases. In addition, get evidence to support any claim you’ll make as to why you disagree with your co-parent.
Avoid Heated Conversations
You can’t be asking for the custody of your child and throwing punches at the other parent. You also cannot verbally abuse them in court and outside the courtroom, no matter the provocation. So, you must avoid all heated conversations or altercations of any kind. Also, avoid hostile and aggressive acts, and remain calm and polite. When fighting for child custody is the best time to be the bigger person.
Do Not Badmouth Your Co-Parent
Most people assume that it is okay to badmouth the other parent to their child. But this is wrong. Firstly, it would affect your child’s perspective of the parent and hinder the development of their relationship. Secondly, it is wrong to transfer whatever negative feeling you have towards your estranged spouse or partner to your child. Thirdly, if your ex-spouse or partner mentions this in court, it could affect your custody request.
Get a Lawyer Involved
It is never a good idea to begin a child custody battle alone or cutting corners. Get a Charlotte child custody lawyer involved in your case as soon as custody issues arise. Having legal counsel allows you to focus on your child or children while the attorney handles the paperwork. A lawyer will also speak on your behalf and ensure you don’t make mistakes that jeopardize your case.
Contact a Charlotte Family Law Firm Today!
Child custody is such a sensitive matter that you need experts on the subject if you must win. At Waple and Houk, our Charlotte family and child custody attorneys understand how vital it is for you not to lose your child, and we’ll ensure this doesn’t happen. Our goal is to protect what’s important to you, so call us today to schedule a free case review.