As a mom in a custody dispute, you want what is best for your child. While the court aims to rule in favor of the child’s best interests, there are several things you can do to build a strong case for obtaining primary custody. By understanding the process, hiring an attorney, gathering evidence, and looking at alternatives like mediation, you can increase your chances of a favorable outcome.
Work with an Experienced Child Custody Attorney
Hiring an attorney specializing in family law and child custody cases is one of the most critical steps. According to Hossein Berenji, an experienced Beverly Hills child custody attorney, having skilled legal counsel can guide you through the process’s complexities, whether navigating mediation or preparing for court.
Given that nearly 80% of custodial parents were mothers in 2017 according to Census data, your attorney should understand the unique challenges mothers often face in custody disputes. Though attorney fees can be high, legal expertise is invaluable for understanding the law in your state, filing the correct paperwork, and presenting your strongest case.
Gather Documentation and Evidence
Documents that demonstrate your ability to provide a stable, nurturing home will bolster your case. Provide records showing you have consistently taken your child to doctor and dentist appointments, attended school conferences, and participated in extracurricular activities.
If the other parent has been absent or less involved, point that out through records of their limited visitations, missed child support payments, or failure to attend events. Financial documents can also weigh in your favor if you have maintained steady employment and safe housing.
Consider Child Preferences
Depending on your state’s laws, your child’s custody preferences may influence the judge’s decision. Discuss with your lawyer whether your child is old enough for their wishes to play a role. If so, help them write a letter to the judge or coach them on what to say if interviewed. While not definitive, a child’s stated desire to live primarily with you demonstrates your strong parent-child bond.
Explore Alternatives Like Mediation
Statistics show that many custody cases are settled outside of court. Mediation with the other parent is one alternative to a prolonged legal battle. An impartial mediator facilitates discussion of custody arrangements and may help you compromise. If an agreement is reached, you avoid an unpredictable court ruling. Even if mediation fails, showing you made a good faith effort can reflect positively. About 11% of parents need mediators before reaching a custody agreement outside of court.
Bolster Your Case for Primary Custody
Aim to demonstrate how you are the more responsible, attentive parent. For example, maintain a safe, stable home environment. Seek a mental health evaluation to show you are psychologically fit for full-time caregiving. If the other parent agreed in the past, the child should remain primarily with you, so document that discussion.
Statistics indicate that over half of parents already agree the mother should have custody without intervention. Building on that history helps justify the existing arrangement.
Request Child Support Payments
Don’t forget to have your lawyer address child support payments. Even with primary custody, you may struggle financially as a single parent. Request an amount per your state’s guidelines based on the other parent’s income and time with the child. In 2017, the average custodial mother received just over $3,400 annually in child support, so push for a reasonable level of monetary assistance.
While the outcome remains uncertain, having legal representation and a well-supported argument for custody improves your chances of success.
