Divorces can contain a large number of potentially volatile issues but few push emotional buttons like child custody does. Some parents go into divorce thinking that their spouse will play fair and do the right thing for the child. Unfortunately, those parents can be blindsided when the other parent files for sole physical custody of the child. Whether you expect to have to fight for custody or not, it pays to be ready. Read on and find out how early and assertive actions could matter to your child custody case during divorce.
Types of Custody
In most cases, parents are expected to share parenting duties. That can mean 50/50 parenting plans with each parent spending about 50% of the time with the child. The other common choice is joint custody. The word joint, in this instance, means joint legal custody, which both parents share. With this type of custody, the child may primarily reside with one parent and the other parent has visitation privileges. Legal custody of the child can be lost if one parent can prove that the other parent is unfit.
Identifying Issues
In some cases, a parent is all too familiar with child custody issues. If you already know that your spouse is seeking full custody due to certain issues, let your lawyer know about it right away. Keep in mind that allegations must be proven. Depending on the issue, that might be through police reports, witnesses, photographs, video recordings, and more. Common issues with custody are allegations of physical or mental abuse of the child, substance abuse issues, criminal behavior, and incapacity of a parent.
Keep a Journal
Using a journal to record your day-to-day interactions with your spouse can be both therapeutic and useful in court. The sooner you begin, the better form of proof it will be so begin to use a journal even if you are not planning to divorce at the moment. Keep the journal in a safe, secure place. Consider a digital journal that is protected with a password.
Seek Legal Help
Again, taking action early will pay off. The best divorce lawyer in town can help you or they can help your spouse — it's your choice. Getting good advice early in the process means you'll be ready when your spouse asks for full custody during the separation. Your lawyer, who is already on board and knows about the issues, can take action fast to protect your interests.
Speak to a divorce attorney as soon as possible for more information about fighting for custody of your child.
