Article by Laura Ellerbe
The court plays a significant role in determining what is in the “best interests” of your child. In order to determine which parent can more frequently provide for the child’s best interests, the court will consider how each parent can meet the child’s physical, educational, educational, spiritual, emotional, and financially requirements. Before a custody decision is reached, the court will conduct a home study of each parents’ homes, and interviews may also be conducted of your child’s schools, health care providers, teachers, and any other institutions applicable.
Although family courts strive to meet the best interests of your child, there is no one more knowledgeable on this subject than you and your soon-to-be-ex. Therefore, you and he or she should try to settle any child custody issues outside of court. I say this because if you and your ex cannot arrive at an amicable custody arrangement on your own, one will be decided for you by a judge. A custody arrangement arrived by two agreeing parents is more desirable than one which is disputed and then determined by a judge. Although dealing with your former spouse can be stressful, it is in the best interest of your child to already have a tentative visitation agreement before you go to your child custody hearing. Your relationship with your child will benefit as a result. Do not let someone with little knowledge of you and your child make such a significant decision for you.
As you prepare for the child custody hearing or trial, you should bring certain documents and information regarding your child. These documents are extremely important, as they will help determine the best interests of your child. The documents I’m referring to are those that describe events that affect your child, such as: visiting with the other parent, grandparents, doctor’s appointments, school activities, family and religious activities, etc. You should present evidence that supports your position, such as notes on:
1. Parent’s Home – This factor determines whether you can provide adequate and safe shelter for your child. Don’t be afraid to mention the size of your home, information about your neighborhood, bathrooms, bedrooms, etc.
2. Status Quo – This is an important factor in making child custody determinations. If the child’s parents live in different school districts, it is unlikely that the court will order a change in residence during a school year. Family courts prefer that things remain as they are, in the best interest of the child. If you seriously want to change the status quo for a legitimate reason, be prepared to present strong evidence in support of your position.
3. Child’s Preference – This is only a significant factor if the child is a teenager and is capable of expressing his position logically. Generally, courts do not allow a young child to make this decision for him or herself.
4. Parent’s Availability – Full time parenting has an advantage over working full time. However, not many capable parents have the luxury of not having to work for a living, and the court will not deter from giving you custody only because you must work in order to support yourself and your child.
These are just a few things to consider as you prepare for your child custody hearing.
About the Author
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