Two Important Decisions To Make When Beginning A Custody Battle

Posted on: 14 September 2020

Child custody battles can be among the most difficult to fight because both parents will usually want as much time with their children as possible. As a result, both parents will often try to argue that the other parent is not fit to raise the child. If you are about to initiate a divorce and you have children, a divorce law attorney can help you prepare for any legal battles ahead.

1. Decide on What to Record

Any interactions that occur between the other parent and your child should be recorded because these interactions could later affect a child custody dispute. For example, you might notice changes in your child's behavior after she spends time with the other parent. The other parent might threaten you regarding your child.

Even threatening legal action is something you should take note of. You'll also want to make note of any issues you might have noticed with your child's physical well-being. Make sure that your documentation is fair and include any positive interactions because a blatantly negative account of your child's interactions with the other parent may hurt your case.

Make sure to set a specific time to record interactions. If you wait too long, you may forget important details. Ideally, you should keep a small notepad with you where you can write down important details. 

Be careful with how you record interactions. In some states, you are not allowed to record someone without their consent. However, if you are simply writing down what you remember, this is allowed. If a recording is allowed in your state without the consent of the other party, this can be solid evidence.

2. Decide Whether Your Child Should Testify

Children can sometimes serve as witnesses during a custody battle. However, this is often not necessary and you'll need to consider whether there is a practical reason for your child to testify. For example, your child might not be mature enough to effectively express her desires. Another concern with witness testimonies is that your child might feel like she is forced to choose sides between her parents.

Because a child custody battle is very difficult, working with a divorce law attorney can be a great idea. Your attorney will help you decide what you should record and whether your child should testify during a custody hearing. Also, the attorney make the case less personal because he will be communicating on your behalf in a manner that is professional and that will help you pursue your interests as a parent and look out for the best interests of your child.