It is frightening and stressful to go to court over custody of your children. You love your children and believe they are best suited to live with you. There is a lot to consider before taking a custody case to court.
The most important thing to consider before starting a custody case is how it will affect your children. Make certain that your motivations for the case are for nothing more than to see what is in the best interests of your children. Never start a custody case as a way to get back at your ex spouse or partner or if you are jealous that they have found someone new or are starting a new life.
Ask yourself if your child will truly benefit from changing the current custody arrangement. They will benefit, of course, if their current living arrangements subject them to some type of neglect or abuse. Your child might not benefit if you want them to live with you simply because you want them to attend your hold high school or because you are upset and annoyed with your ex at the moment. Your only motive in a custody case should be doing what is best for your child.
Do not assume that you will win your case. The court is bound by law to do what they deem to be in the best interests of your child. The judge might have a different way of seeing things. You might believe that your ex is a terrible parent who does not deserve custody of your child. Unless they are a drug user, ex convict or abusing your child, the judge is probably not going to change a custody arrangement that is working.
If you are taking your ex to court in an attempt to reduce the amount of time they spend with your child, the opposite might occur. The judge will listen to everyone’s case and decide what they feel is best for your son or daughter. In hearing all the testimony and looking at evidence, there is the possibility that the judge will decide your child should actually be able to spend more time with their other parent.
Sometimes you will need to take the “high road” when you are involved in a custody dispute. Your ex might spend a great deal of time and money trying to make you look bad. They might say some pretty nasty things about you. You should not follow the same course of action to try to win your case. If there are real problems with your ex that negatively affect your child, point them out. Otherwise do not become involved in bad-mouthing your ex.
Expect to spend a lot of money. If you are planning to start a court case for custody, you will be spending a large sum of money. Custody cases can become very long and drawn out. The more you fight your ex (or the more they fight you), the more you are going to need to spend for legal fees. Make certain that you are in a position to pay the price of starting a custody case.
You should give a custody dispute case a lot of thought. Try to resolve any issues over custody with your ex and your attorneys rather than entering into a court case.