Your calm and collected
uncontested divorce might hit a considerable roadblock the moment
child custody is brought up. Most parents believe that they should have primary child
custody rights after the
divorce finalizes, but that is impossible just by definition.
Both parents can’t be primary or
sole custodians, and so a legal battle for custody begins.
To increase your chances of getting the child custody arrangement you want,
knowing a few tips and hints can help:
Best interests of the child: First things first, the court will only make a ruling if it is representative
of what is in the best interests of your child. You will want to make
it clear to the court that you understand and appreciate that requirement.
Doing so may show the court that you are willing to be reasonable and
honestly care about your kid, which will improve your chance of winning custody.
Financial security: The court also wants your child to live primarily in a household backed
by a steady source of income. Keeping your finances in order and tracking
them carefully will be a huge boon to your argument when it comes to a
child custody case. If financial stability comes up during discussions,
you can be ready with a spreadsheet. Efficiency and forward-thinking are
two traits judges like to see in parents.
Location, location, location: Where do you live now? Are you planning on staying there or will you be
moving soon? Whoever can provide the best location for their child after
the divorce will have a better chance of getting primary custody. Sometimes
this boils down to who wins the marital home during
Child’s preference: Who does your child want to live with? This is a huge deciding factor
for the court, but sometimes it isn’t known because your child is
too young or too shy to speak up. Be mindful of what you say when speaking
to your child about their preference, as you absolutely do not want to
do anything that could be construed as parental alienation, or intentionally
trying to get your child to dislike your spouse.
Joint custody: Of course, sole custody is not the only option, and in many cases, it isn’t
the right option. Unless your spouse has a history of
domestic violence, considering joint custody can be incredibly useful. You will need to
worry less about constant, direct responsibility of your child, and studies
have consistently shown that children manage their emotions after divorces
better if joint custody is established.
If you need help exploring and understanding your child custody options,
or if you know that you will be in for a child custody battle with your
ex-spouse, The Moodie Law Firm can be your legal guides. Call
303.578.3940 to speak with our Denver child custody attorney, or
contact us online today.