Divorce often involves child custody and parenting disagreements. These contentious arguments may put some parents in a difficult situation where a parent who seeks sole physical custody of a child must prove he or she is a better parent. However, if the parent seeking sole custody has a revengeful attitude and tries to appear better than the other parent, the judge may not grant sole custody. These types of cases are more complex than joint physical custody cases. If your former spouse is trying to claim you are an unfit parent, contact a Thousand Oaks child custody attorney. An attorney can show the court you meet the better parent standard.
Family courts make child custody related decisions based on the best interests of the child. In other words, the court needs to believe the child is better off with one parent. In order for that to happen, a Thousand Oaks child custody attorney must present clear and convincing evidence to prove that joint physical custody is not the best approach to parenting in this particular scenario. Some issues the court may consider include, the child’s health and routine, extra-curricular activities, and anything else that shows the child can have a better life with this parent.
When a parent decides to pursue sole custody, it will be required to prove in court he or she is more fit to have sole custody. However, if parents can agree to mediation, litigation may not be necessary. Some parents may attempt to make the other parent look bad while arguing the case. This is not a good idea as the judge may sense it and deny custody rights.
It is important you gather convincing evidence to back up any statement made to the family court. If you don’t have clear evidence, your statements or accusations will not have any weight. For instance, a child who is getting poor grades in school while living with the parent attempting to get custody can be used as evidence to show the parent is unfit. There is another evidentiary support such as texts, emails, and voicemails, which can also be used in court to show a parent is not fit to have sole custody.
Witnesses are important to prove the parent is fit or unfit to have child custody. Some witnesses include teachers, friends, neighbors, and family members. Judges consider their testimony when making child custody decisions.
While most people these days prefer a more casual atmosphere, it is important to remember courts are very formal. In other words, be well-dressed. A parent with a poor appearance may look disrespectful to the court.
If you fail to prove you are the better parent, you may lose sole and joint custody of your children. This is why it is important hiring an experienced family law attorney. Many times mediation is the best approach to settle your child custody dispute. However, your attorney can also help you if your case requires a court appearance.