Figuring out how to gain custody of your child is not an easy task. Furthermore, there is no ‘one size fits all’ plan for determining if you’ll even be able to get full custody. But, there are definitely some things you can do that will help your cause.
First off, you can’t be doing this simply because it’s something that you want to do. It is absolutely mandatory that your goal be to look out for what is in the best interests of the children – spite, hatred, and jealousy will get you nowhere. You’ll be figured out before you even get going. The reasons you are doing this is a genuine concern for the well-being of the kids. If that is not the case, then you should save your time and money because the judges, lawyers, evaluators, and the plethora of other people you’ll be in contact with will see right through your ploy.
Secondly, you will need to be prepared. If you are not already the primary caregiver of the children, it means you’ll have to work even harder. The reason for this is that the court system will hesitate to take the kids out of their current primary residence in order to take a chance living with you. You need to be able to prove, without a doubt, that they will be better off with you.
Preparation and Planning
In preparing for this type of event, it is best if you are able to spend a long while gathering information. Information on what the other person has done that can be held against them. Unfortunately, your goal is to make them look bad. But, ideally they will be making themselves look bad and you are simply there to point it out to the people that need to know. This also means that you better be living your life in the ‘straight and narrow’. There are no evenings at the bar or nightclub. No slip-ups with the authorities. If there is anything that will make the judge question their decision to give you custody, your chances will drop drastically.
So, to get full custody you want a nice long list of everything that you have observed. Keep track of anything and everything that you think might have even a remote impact. Keep a log that, at bare minimum, keeps the date and a synopsis of what transpired. It is even helpful to document things that other people told you – your lawyer will be the one to determine if it will be admissible in court, or if that person needs to be called as a witness.
You are going to want to also keep track of all the times that you spend with your child. It might be helpful to keep a quick note of what you did together. The court is going to be looking for things that show that you have a meaningful relationship, and it is your job to show them that. Keep in mind that the other person is going to be trying their hardest to tear you down at the same time.
What to Expect
Once you feel that the other parent has crossed the line, or you feel your children are in eminent danger, it is then time to talk to an attorney. It pays to seek out an attorney that has some experience. Ask around, in most cities there are a few names that are brought up consistently. Go to the best one you can afford.
Once you have your attorney, you will be asked to write up your affidavit. If you kept appropriate logs, it should be fairly easy to write up an affidavit that is extremely high in detail and long. This is not a bad thing. Your attorney might have instructions for you on how they want it written or formatted, but many simply want a timeline of what has led to you trying to figure out how to get full custody. All you need to do is get your documentation in front of you, start at the top, and start elaborating on all of the notes you took. Make sure you enamor in there on why you think each thing is not good for the child. Your lawyer should proofread the document and offer advice, so it doesn’t need to be perfect the first go around.
Once completed, the affidavit is filed with the court and a copy is served to the other parent. What follows will likely be a smattering of evaluations, questions, not to mention a definite hostility from the other parent.
Dealing with the Other Parent
If you get met with any kind of adverse behavior from the other parent, it is absolutely essential that you keep your cool. Emotions are running extremely high at this point and it can be difficult not to attack back or antagonize them. DO NOT DO IT! The court needs to see that you can control yourself. You’re the stable one, the one that can keep your cool. Let the other person make themselves look bad and don’t play into it. What you can do is document it. If you get letters, emails, or text messages – SAVE THEM! Anytime that you need to come into contact with the other parent, use a voice recorder. It might not be admissible in court, but your lawyer will be able to advise you to this. (Note: a lot of states are ‘two party notification’ states with regards to recording. Meaning, that you need to tell them that you’re doing recording them. Use your best judgment in this case – but, it probably won’t fly with that person).
Money
When figuring out how to win full custody of your child, don’t forget to include the monetary costs that you will no doubt incur. It is going to cost a lot of money. You will need to pay your attorney, along with any evaluations that are done. This will likely run into the thousands of dollars very quickly.
Money isn’t the issue -you can always make more of it – your children always come first. But, it would be highly unfortunate if you ran out of it while you were in the middle of proceeding with this. If you have to sell everything you own to make it financially through, then do it.
The question of how to get full custody of your child can’t be answered in one simple article on the internet – it is much too broad of an answer. But, hopefully this gives you a basis that you can build upon so you can do what you need to do for your kids.
How to Create a Child Visitation Schedule
After a divorce or separation, one of the most important things that need to be addressed is the child visitation schedule. Even if one parent has sole custody, and perhaps in some cases, especially if one parent has sole custody, setting up a child visitation schedule is important because it will layout in no uncertain terms in language agreed upon by both parents, when and how much time the child is going to spend with each parent. Spending time setting up a good visitation schedule will ensure that the best interest of the child is always the main focus.
A visitation schedule is basically a calendar or schedule that clearly defines how much time a child is going to spend with each parent, and where that time will occur. It is basically the agreement that you and the other parent come up with that tries to ensure that each parent can play an active role in the child’s life, all while making sure that the child’s best interests are served. Because a child visitation schedule or joint custody schedule really is specific to the needs of each family; you also need to remember that there isn’t a generic Standard visitation schedule that will work for every situation. Instead, you’ll need to make sure that you AND the other parent really addresses the needs of your child and create shared parenting calendar that strives to include both parents as active caregivers in their child’s upbringing. Generally, a good visitation schedule is broken down into these main parts:
Starting with these four components, you should be able to create a visitation schedule for you child that works for your situation.
The regular schedule
The regular or everyday time, will really be the majority of your child’s day-to-day routine. This is generally the largest part of your child’s daily schedule. It sets out the majority of your child’s day and where the time will be spent. If the child is in daycare or in school, this time needs to be accounted for in this section as well. If parents have joint custody, rather than sole custody, this does not mean that the child spends exactly half of their time with each parent, but it does mean that even more consideration needs to be given to the “regular schedule” portion of the joint custody schedule. In order to make sure your child’s best interests are served, you need to strive for regularity though, which is by you should consider the following questions:
Clearly, these questions are not a definitive list, but they are meant to get you thinking about the types of questions that need to be asked for your situation. The things you’ll need to remember is that the regular schedule need not be permanent meaning that it should change and adapt to the child’s need as they grow and that you and the other parent need to work together to establish a sense of stability in your child’s life.
Holiday Schedule
Generally, this is one of the smaller sections of the schedule, but one of the most emotional. Obviously, holidays are a time to be spent with families, so it stands to reason that you want your child with you during the holiday season. However, you need to remember that it’s important that your child needs to spend holidays with both of their parents. When developing your holiday time portion of your schedule, some options include alternating year by year or splitting holidays within the year. Some parents say that this year the child will spend all holidays in the first six months with me and all holidays in the last six months with their other parent. Then, next year they swap. While other parents take a more granular approach and specify exactly which holidays are most important to them. As with everything though, make sure that you don’t let YOUR feelings interfere with what’s best for your child.
Vacation Schedule
If your children are in school or daycare, a vacation schedule becomes important as well. Vacation schedule is probably the second largest block of time in your child’s schedule. This period of a child’s year deals with the time when the child is either not in school or daycare. This includes everything from a multi-month summer vacation to individual in-service school vacations throughout the year. Being a co-parent, now you need to explicitly determine who will make plans for the child if there is a day off from classes. Likewise, any extended vacations you want to take with your child need to be scheduled in advance and approved by the other parent. If anything, the Vacation portion of your child custody schedule is the one most likely to change year to year.
Visitation Schedule Guidelines
If you spend a lot of time creating a parenting schedule, you need to spend just as much time creating guidelines for the schedule. This includes everything from how the transportation of the child will be handled, if transportation time is included in visitation time, what happens if inclement weather disrupts visitation plans, to how changes will be made to the child visitation schedule and what the corrective course of action will be if the schedule is not followed by either parent.
Creating a shared parenting schedule is clearly no easy task and takes not only time to create a plan that’s best for the child, but also diligence by both parents to have the child’s best interest at heart. Many parents have found that some form of software or scheduling service not only saves them time, but it also creates a reliable document and audit trail should they ever need it, especially if you are having trouble getting the other parent to adhere to the agreed upon schedule.