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What to expect in a custody battle

Paul Banas
Author Paul Banas
Submitted 18-05-2007

It is always better, in case of couples who are going in for
a divorce, to decide upon a custodial arrangement that is agreeable to both parties. However, in
some cases, this may just not work out. In these cases, a lawsuit for custodial rights is usually
the eventuality.


This is what you should expect in a typical custody trial:

  • You
    will be required to show how involved you are with the day-to-day upbringing of your child.
    Custodial rights are usually granted to the parent who, the judge decides, it will be in the optimum
    interest of the child to stay with. As a dad, you will be required to show that your involvement in
    your child’s life extends to more than simply paying the bills.

  • As a dad, your role
    in the everyday activities of your children may be limited as compared to your ex-spouse’s, in which
    case there is every chance that the judge may rule in favor of granting her the
    custody.

  • Once you have approached the court to decide the custody of your child, you
    will have to accept the judgment of the court in this regard.

  • There is no way to
    predict how a judge may deliver a ruling, and there is a possibility that you may end up with an
    order that significantly curtails your rights to be with your children.

These are things
you can do to strengthen your case in a custody battle:

  • Convince the judge that you are a
    sincere parent. It will help to show evidence of your day-to-day involvement in your children’s life
    on a continuing basis.

  • Furnish evidence that proves you have been taking the
    children for their medical appointments. Arrange for witnesses to testify to this on your
    behalf.

  • Show evidence of your involvement in your child’s school activities such as
    being present for teacher-parent interactions and attending the school’s functions such as concerts
    and sporting day events.

  • Keep photographs and other forms of evidence that proves
    that you were with your children during vacations, picnics, and other important family
    events.


Sometimes in the heat of a divorce, the children’s best interests are forgotten due to the adversarial nature of the legal process.  Fight the urge to savage your spouse and remember that she will still be your children’s mother and you do not want to do anything to hurt them. Other articles below provide ideas for how to protect your children during this difficult time. 

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