For parents facing divorce, custody of the kids can often be the most important aspect of the entire case to one or both parents. The idea of not being able to see your children on a regular basis, or your children not being able to see you whenever they want to can be devastating. Gibbons Law Firm understands that you want the best chance possible for being awarded custody of your child. Our Lake Ozark Divorce Lawyers know the factors the court will be considering when determining who gets custody of your child. If you would like to have some things to think about that will give you insight as to how to navigate, keep reading this blog.
1) Do you share fairly?
Other than in rare occasions, it is usually considered best for the kids to have quality time with both parents. The more you show a willingness to ensure your child will maintain a relationship and spend time with your ex, the more favorably it will be seen. If one parent appears reluctant to allow the child equal or fair time with the other parent or tries to hinder that relationship, it could reflect poorly on that parent when it comes to being awarded child custody.
2) How does your child feel?
Your child may have a preference on who gets custody that has nothing to do with his love or closeness with either parent. Perhaps the child doesn’t want to have to change schools or be away from friends, neighbors, and family members in the community where they have grown up. There may be other issues that are specific to the parent, such as the child feeling more safe or secure in one parent's home versus the other. Depending on the age of the child, it is possible that the court will at least hear and consider the child’s feelings in the process of deciding.
3) Are both parents' homes stable?
The more consistency that can be maintained for the child through the difficult transition of divorce the better. When a child is able to maintain relationships with siblings and other significant people in their life, they can feel less loss and disruption. If one parent plans to move, that will be taken into consideration. It is also important for the court to know that there's a steady income and that the home is in a safe neighborhood. You also want to show that you are going to be involved in your child’s life and participate in things like school events, sports, parent-teacher meetings, doctors’ appointments, helping with homework, etc. It is good for the court to see you are going to play an active role and be there for your child.
4 ) Are you as amicable as possible with your ex?
Obviously, there are reasons you are getting divorced, but it is still to your benefit to set those reasons aside emotionally when it comes to seeking custody of your child. You want to be cooperative and work with your ex as much as possible. It will be an indication to the court on how you will work with your child’s other parent when it comes to sharing time and keeping it positive around the kids. Avoid being adversarial and never put your child in the middle or make them feel like they have to choose between one parent or the other. Don’t criticize your child’s other parent in front of them and try to remember that your child is part of both you and your ex and they deserve to have a loving relationship with both parents, regardless of how their parents feel about each other.
5) Do you let your emotions get the best of you?
It’s completely understandable to be emotional at a time like this but showing any kind of aggression or hostile temperament can seriously hurt your case. Throughout the entire divorce process, it is best to stay off social media, do not talk about your ex even with friends and family. When you're meeting with your ex, dropping the kids off, talking on the phone, or in court, you must always remember the importance of maintaining your composure and carrying yourself in a professional manner. That being said, if a parent shows a pattern of abuse or aggression, or has addiction issues, that will definitely be factored in when deciding whether they’re suitable to have custody of their child.
Gibbons Law Firm Can Help!
If you are going through a divorce and want to do everything you can to show the court you should be awarded custody, our child custody lawyers at Lake of the Ozarks can guide you through the process. Our law firm in central Missouri will inform you of your legal rights and advise you so you are able to make the best decisions and achieve the best possible outcome in your divorce and child custody case. Call us for a free initial consultation today. If you would like to hear from us regularly with our legal tips and helpful information, use the links below to follow us on social media.
Remember, your initial consultation with Gibbons Law Firm is always free.
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