Child custody cases have become much more scrutinized over recent years as the court system has put more consideration into each parent’s ability to provide for their child. No longer is the mother virtually guaranteed to win child custody simply because they are the societal favorite. Now there are indicators and behavior patterns that the court system uses to determine the eligibility of a parent for both custody and visitation privileges. Because of this, there certain things a mother should keep in mind before attending their hearing.

Get Organized

At the forefront of any legal battle is the importance of detailed record keeping. Judges will rarely accept accusations or statements of fact without the proper documentation. Prior to the custody hearing, mothers should organize all paperwork related to the child’s health, education and finances. In addition to this, other important records to have include bank statements, parental salary information, and bills related to running the household. All of these documents should be organized in such a way that the courts can easily determine the financial needs of the child and the lifestyle of which they are accustomed to.

Improve Your Situation

The environment that each custodial candidate provides for the child is one of the most important determining factors in a custody case. Some of the things a judge will look for include the safety, size, and condition of the home, and whether or not the child will have to change neighborhoods and schools. This makes it vital for mothers to do everything in their power to improve the perception of their residence. It may even be necessary in some cases to consider moving to a location that better provides the child an opportunity to excel in both school and social growth. The key is to offer a standard of living that is either the same or better than what the child is accustomed to.

Build a Strong Case

Beyond external factors such as housing and finances, it is also important to focus on building a strong argument for obtaining custody. This becomes a matter of putting all of the facts and circumstances together in such a way that will influence the judge to side with the mother. This can include things like time spent with the child, care giving tendencies, and emotional support. While not all of these factors can be measured on paper, they still hold significant weight in the eyes of the court. This is an area where a devoted mother can excel by proving that she is the most prominent parental figure in the child’s life.

Mothers who are trying to win custody of their children need to recognize that the legal system is much more balanced than it was even five years ago. While many believe that the mother holds a distinct advantage in custody cases, this is simply not true. The biggest advantage that any parent can have is the ability to provide their child with a safe and healthy environment that will allow them to grow and develop both socially and intellectually. Thus, all mothers should focus their pre-hearing efforts on stabilizing their home and adjusting their lifestyle to better fit the needs of a growing child. If they can prove to the court that they provide the best environment, then they will ultimately win child custody.

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The first important premise here is that the parents cannot come to an agreement. If parents can work things out on their own, there is no need for the courts to become involved. Often times parents wonder if there is a mandatory requirement that they have a custody agreement if they don’t live together. The answer is there is no requirement to have an agreement. Child Custody agreements are only required if they cannot agree.

The whole process gets kicked off by filing a motion, sometimes known as an order to show cause. Either parent can file this and then the rules begin. The parent who files must notify the other parent (there are rules provided on the form you fill out). Then the other parent gets to reply with their own filing. Both of them end up in court on an assigned date to start the process.

What you really need to know about this is that when you fill out the documents for the first time, be sure you are organized and ask for exactly what you want. Make sure you setup your visitation schedule ahead of time and create that pattern before you get to court. This way your temporary order will reflect what you truly want. Temporary orders often become permanent and here’s why.

Most people are required to go to mediation as part of the process. If the issues are not resolved their you could go onto evaluation, and trial. At minimum most people spend 4-6 months going through the process. If you are in a high conflict custody battle then you can plan on 12-24 months to get through the process. If your temporary order was a bad decision, you may have to live with it forever. You see after 6, 12, 18, 24 months, courts do not like to change a child’s routine. Now you would be stuck trying to make a change and restarting the process. So if you can agree with the other parent or at least negotiate the big ticket issues you will be much better off.

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One of the earmarks of high conflict child custody cases is that they do not get resolved by both parties agreeing early on in the process. Despite the best efforts of attorneys, mediators, judges, and even the parties themselves, the fight turns into a marathon event that feels like some type of survival test.

It takes an iron will and nerves of steel to hang in there and fight for your parental rights and the best interests of your child. It is not uncommon for parents to feel emotionally battered, bruised, and scarred by the constant pounding of the battle. Anyone who has been through this will readily agree that the emotions are real and raw and there is nothing quite like fighting for your child. No one ever imagined that the person you once cared for would end up being the worst possible enemy.

Of course to make matters worse, it is very common for false allegations of abuse, torment, drug use, or numerous other heinous crimes to be leveled against you. What you once thought of as being a straight forward decision about where your child should live and how you spend your time with them has by now become very personal and a battle for your personal survival.

But I am here to tell you that you can survive this onslaught and not just survive but thrive. You will need to make some changes in your life to do it and adjust your thinking but it is totally doable. The problem you face is that the fight you are in is out of your control. You need to get back into control of the things you can control. While you may not be able to control what is said about you, you can control what you acknowledge.

You see the thing about false allegations is that they rarely are based in truth. If someone says you’re an alcoholic or drug abuser, send an email asking for a clarification. Be careful not to be judgmental or accusatory. Just ask a simple question like, “when did you first start being concerned about this”? The natural answer is for it to be a very long time. Perhaps from the beginning of your relationship. Isn’t that great? Seriously! If you have known this person for 10 years and they claim to have been concerned, why did it come up now and not 10 years ago?

Whatever you do don’t ask that second question to them. Just keep the answer for the evaluator. Then ask the evaluator that second question. They will know why it was brought up now. You see by acknowledging the concern on your terms you take their power away. You can get your life back and thrive. It just needs to be on your terms.

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This is, without a doubt, one of the most heartbreaking subjects in the world…two parents fighting over custody of their child. Each parent loves the child, maybe even more than their own lives, and yet somebody is going to walk away from this totally broken hearted and devastated. If you don’t want that person to be you, then I suggest you read this article. 

For starters, each state has different laws in regard to child custody, just like each state has different divorce laws. So if you’re looking for a one size fits all to this problem, it doesn’t exist. What I can give you here is some common sense advice that will help the process go as smoothly as possible. 

Secondly, and this may be the most important thing for your to keep in mind, child custody is hard on you and your ex, yes. But as hard as it is on the two of you, think about the child who is in the middle of all this. That little person has it the hardest of all of you. So it is important that you reassure the child that they are loved by both of you and that none of what’s going on is their fault. You need to be supportive of the child at all times. 

As far as having the best chance of actually winning the custody battle, you need to present yourself to the court in the best possible light. That means, for starters, dressing properly and acting properly. In other words, and there is no other way to put this, if you are a drunk who doesn’t have a clean suit, sober yourself up quickly and buy a new suit. I’m dead serious. In child custody cases, appearances are everything as your ex is going to throw as much dirt at you as they can. Don’t help their case. 

Finally, behave yourself in court. Don’t lose your temper and don’t act like a jerk. Again, there is no other way to put this. You are not going to score any points with the judge by flying off the handle. 

In my signature, you will find a review of a great resource that will help you prepare for your child custody case. Please believe me when I say this, you can never be too prepared. These are emotional proceedings and one slip up can cost you custody of your child.

Want the best chance of winning a favorable custody arrangement? Not sure if you can win the child custody dispute? Visit my site at child custody strategies.

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Custody Evaluators play a major role in the child custody process. In fact, they play the biggest role of all when it comes to determining who will get what, what rules and guidelines will be put into place, and how the child will be handled by their parents.

If you don’t agree on your child custody issues and you expect a long drawn out battle then you may make it through to the Custody Evaluation phase, sometimes know as a 730 Evaluation. Not all jurisdictions have an Evaluation phase. Some jurisdictions have it rolled together with the mediation phase. No matter how your jurisdiction handles it, this is the most critical phase of your custody battle and you will want to be as clear headed and well prepared as you can humanly be.

In order to explain what you need to know to prepare for this phase, I will first explain what Evaluation is. Evaluation is the process where both parents meet separately with a highly qualified professional and layout their differences, concerns, desires, evidence, and most importantly offer their resolutions. Evaluation includes interviewing collateral contacts (that is people that know you and your spouse, like nannies, roommates, grandparents), and evidence.

If you search Custody Evaluators online, you will find some lively discussions about them. The reason I bring this up is that when people are disappointed in the outcome of the Custody Evaluation, they commonly place blame on the Evaluator. They question how the evaluator could give “whatever” to a person of bad character. The parent makes a moral interpretation about the parental worthiness of the other parent. What they don’t anticipate or plan for is the Evaluator’s ultimate responsibility to the child.

Morality or the lack thereof, isn’t a reason to keep a child from their parent (unless it is somehow directly affecting the child). I won’t say anymore about that now, except to say that just keep in mind that they are looking for facts not moral opinions.

You need to be at your best, be truthful, do not put the other parent in a negative light, present your facts in a straight forward and articulate manner. Refrain from bringing up emotional baggage or sounding like you belong on Jerry Springer. Here is the most important fact of all. This is the time you get to tell your side of the story and present your case. All of the work you have done, all the groundwork you have laid, and the investment of time, money, and strategy culminates here.

Custody Evaluations will typically take 10-40 hours of the Evaluators time depending on how involved the case is, how much difference of opinion, how much evidence, and how many other people are interviewed. It may include parent/child play time as well to allow the Evaluator to observe how both parents interact with the child. Because of the amount of time it is common that the parents split the cost which can easily be $2000-$3000.

Once the evaluation is complete the Evaluator will create a report outlining their recommendation for a Custody Order. There is an opportunity to review this report and if you think the Evaluator got it wrong you can petition the court for another evaluation. If there are minor things you don’t like, you can negotiate with the other parent for changes. But if most of it is right, you may just want to adopt it.

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Custody Evaluators play a major role in the child custody process. In fact, they play the biggest role of all when it comes to determining who will get what, what rules and guidelines will be put into place, and how the child will be handled by their parents.

If you don’t agree on your child custody issues and you expect a long drawn out battle then you may make it through to the Custody Evaluation phase, sometimes know as a 730 Evaluation. Not all jurisdictions have an Evaluation phase. Some jurisdictions have it rolled together with the mediation phase. No matter how your jurisdiction handles it, this is the most critical phase of your custody battle and you will want to be as clear headed and well prepared as you can humanly be.

In order to explain what you need to know to prepare for this phase, I will first explain what Evaluation is. Evaluation is the process where both parents meet separately with a highly qualified professional and layout their differences, concerns, desires, evidence, and most importantly offer their resolutions. Evaluation includes interviewing collateral contacts (that is people that know you and your spouse, like nannies, roommates, grandparents), and evidence.

If you search Custody Evaluators online, you will find some lively discussions about them. The reason I bring this up is that when people are disappointed in the outcome of the Custody Evaluation, they commonly place blame on the Evaluator. They question how the evaluator could give “whatever” to a person of bad character. The parent makes a moral interpretation about the parental worthiness of the other parent. What they don’t anticipate or plan for is the Evaluator’s ultimate responsibility to the child.

Morality or the lack thereof, isn’t a reason to keep a child from their parent (unless it is somehow directly affecting the child). I won’t say anymore about that now, except to say that just keep in mind that they are looking for facts not moral opinions.

You need to be at your best, be truthful, do not put the other parent in a negative light, present your facts in a straight forward and articulate manner. Refrain from bringing up emotional baggage or sounding like you belong on Jerry Springer. Here is the most important fact of all. This is the time you get to tell your side of the story and present your case. All of the work you have done, all the groundwork you have laid, and the investment of time, money, and strategy culminates here.

Custody Evaluations will typically take 10-40 hours of the Evaluators time depending on how involved the case is, how much difference of opinion, how much evidence, and how many other people are interviewed. It may include parent/child play time as well to allow the Evaluator to observe how both parents interact with the child. Because of the amount of time it is common that the parents split the cost which can easily be $2000-$3000.

Once the evaluation is complete the Evaluator will create a report outlining their recommendation for a Custody Order. There is an opportunity to review this report and if you think the Evaluator got it wrong you can petition the court for another evaluation. If there are minor things you don’t like, you can negotiate with the other parent for changes. But if most of it is right, you may just want to adopt it.

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Common child custody questions revolve around joint custody agreements.

Joint custody gives both parents the right to influence the child’s raising. It is where both parents have legal responsibilities and rights regarding their child, despite where they live. The child may live with one parent and visit the other on weekends, it could spend equal amounts of time living with each parent, moving back and forth on a regular basis. Even though the custody is shared, they child may simply live with one parent and visit the other from time to time.

What is a joint custody agreement?

Joint custody gives both parents the right to influence the child’s raising. It is where both parents have legal responsibilities and rights regarding their child, despite where they live. The child may live with one parent and visit the other on weekends, it could spend equal amounts of time living with each parent, moving back and forth on a regular basis. Even though the custody is shared, they child may simply live with one parent and visit the other from time to time.

Joint custody can be a good solution if both parents are able to maintain a civil relationship, and work towards the benefit of their child. However, like most things, joint custody can have disadvantages. It can have a negative effect on the child if the parents maintain a hostile and harsh relationship.

What if the parents can’t decide on a custody agreement?

In the event that parents are unable to come to an agreement regarding custody and visitation plans, they may have to take part in court-ordered negotiations to find a solution. In such a session, a third party will aid the parents in reaching an agreement. Once agreed upon, the terms will be confirmed by court order.

If parents are unable to come to an agreement in such a session however, visitation and custody will be decided by the court. Evidence will be presented by both sides, and the court will then decide which parent will be awarded custody. Parents are advised to try to work things out together first, before a child custody procedure takes place, as these can be very expensive and it is smart to inform yourself as fully as you can about the process of child custody and joint custody agreements before the whole thing takes off like a runaway train.

Learn more about other common child custody questions and joint custody agreements and the whole process of gaining child custody in the aftermath of a broken relationship.

Please stop by my blog at http://childjointcustody.com now!

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Mother’s Child Custody Strategies

I have written this article, to assist mothers who wish to protect their rightful role as primary caretakers of their children. A mother’s child custody battle, most often is a very stressful situation. To make things worse, many women don’t play as active a role as they should throughout the court process and tend to overly rely on their attorneys.

This can potentially put a mother’s child custody case in jeopardy, due to the fact that the ex spouse as well as the attorneys on both side will take advantage of this.

In this article, I want to provide some guidance to help you get through this as best as possible. There are many things to look out for and keep in mind, you don’t want to make any mistakes that can potentially be used against you.

1. Do not show any hostility towards other women : It doesn’t matter if it is the one your ex husband had an affair with, the current girlfriend, or new wife. I know this is hard, but do your best at least until your child custody battle is over with. It can be used as ammunition against your case.

2. Don’t call the police on your ex : Unless you or your children are in danger of being physically harmed, this will only make things turn out ugly for everyone.

3. If you are unemployed you need to get a job : You need to show to the judge that you are capable of supporting your children financially and not simply counting on living off of child support of spousal maintenance.

There you have it, these are some very common mistakes that many people make during a mother’s child custody case.

For more information and tips on a mother’s child custody battle, you can visit my website Mothers Child Custody

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10 Steps To Help You Gain Child Custody

If you are currently going through a divorce, one thing that is probably weighing heavily on your mind is how are you going to gain child custody? Well, I’m sure you already know that ultimately the end result will be determined by a judge’s decision. However, there certainly are steps you can take to help ensure that the results turn out as you are hoping for. In this article, I am going to list 10 steps to help you better your chances.

1. If you are the one moving out, make sure that you find a safe living environment for you and your children. This is going to be a major factor that the judge will look at.

2. If at all possible, try and stay in the same school district.

3. If your work schedule does not fit your child’s routine, ask your employer to adjust it or you may have to find another job with a schedule that does.

4.  Be sure to avoid cohabitation too early in a new relationship.

5. In all aspects of your life, make a special effort during this time to find or keep stability.

6. Even if you have decided to hire a lawyer, do your research and educate yourself on everything about the process of how to successfully gain child custody.

7. I know there is currently a lot of pressure on your part, but remember to put your child’s needs first over this battle.

8. Do everything you can to not involve your child in the custody battle.

9. Facilitate your ex spouse’s custody as much as possible.

10. Be aware of your own limits and needs.

Attempting to gain child custody can be a difficult and ugly process if you simply rely on your attorney and your ex spouse’s cooperation. Your child is what is at stake here, and it is absolutely essential that you do your own research and learn everything you can about how to win your child custody battle and what could also potentially jeopardize your case.

Don’t take any chances! Learn about some of the most common mistakes parents make by visiting this website Gain Child Custody

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Sacrificing the welfare of your child is inhumane…

Does it sound sarcastic? The wellbeing, safety and security of your child should be your priorities. Above all other things such as your properties and wealth, your children are important part of your life that needs to be taken care of.

Rearing of a child is a responsibility that must be done by both parents. Each of them shares the rights, duties and liabilities for the concern, guardianship, companionship and support for their children.

This is possible through the “right to joint custody”. This will enable both of the parents to have a say in the child’s upbringing. Thus, if one of them is found irresponsible then it is high time to settle with some legal matters to correct it.

There are plenty of factors that you need to ponder when it speaks of child custody. Some of them are the following:

• Legal Child Custody
It constitutes all the major decisions that you have to make for your child like his schooling, health care, religious conviction and other significant issues.

• Physical Custody
It deals on the residency of a child. This is usually granted to one of the parents where the child will be entitled to reside most of the time. Legal custody is being shared by both parents in most cases but residency is often present on one party alone.

• Visitation Rights
This is in accordance with the physical custody. Since the non-custodial parent will not be given the privilege to spend a lot of time with the child, visiting right is also being established for said parent. The other parent can make the most of his time during his visit.

Now, after you make yourself aware about the possible arrangements that will be present when you file child custody claims, it is also right if you seek for the assistance of a lawyer.

Due to the intricacy of child custody concerns and the implication of its possible outcome in your life or to your child it is best recommended to contact an attorney. The perfect place for you to find a child custody lawyer that can cater all your needs is in Maine.

Law Firms in Maine are known for being dependable. Most of their lawyers are noted for winning over thousands of cases dealing with child custody. The services and the accessibility they give towards their clients are really incomparable.

Another vital feature about the custody lawyers in Maine is that, they have distinct experiences and learning about the matter. In fact most of them are able to push through with their expertise in the prestigious schools and universities around the world. They are also famous for being the best child custody evaluators.

In order to search for the custody lawyer either in your own state or province, you just need to visit several sites in the Internet. Then, simply type your zip code and from there the list or the names of the leading lawyers in your place will appear.

On the other hand, if you want to try more veteran lawyers outside your state you can likewise do so. However, if you can just direct to the child custody lawyers in Maine it is much better. They will surely convene in all your expectations including the achievement of grant for your claim.

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