Your email address will not be published. The ideal strategy is one that shows the court you have the best interests of the child in mind, even if it does not mean you have full and sole custody of the children. Hour havent been able to for four year due to he move the children with out me know to a different part of the state where me and my fiance have to drive 3 hours instead of just around the corner. But we are scared that because they have lived with him the last 3 years and we have been able to have little to no contact that the judge will only give us visitation. Moving Out. Knowing how to present yourself as the better parent to the court can be a complex process. Due to the county’s recent shelter-in-place order, our physical offices are currently closed. Fighting with your ex over bank accounts and assets is tough enough, but what do you do when it comes to the kids? Could a summary dissolution be a divorce option for you? I have a full time job with benefits and my wife stays home now and will continue too if we get the boys. Joint custody means both parents retain a parental role in the upbringing of the child. Is it better to settle a divorce or go to trial? Many things go into what in the child’s best interests, and stability of living arrangements is absolutely near the top of the list. “In a family court case, the judge is always the jury,” Maher says. If you live in a safe and stable home, it is preferable not to move during a custody dispute. Relocation requires a number of things to be granted: better job, better hours, better money, better schools, better living arrangements, better/more family around, etc. Let’s take a look at some of the ways you can prove your competence as a parent. If, for example, they are involved in after school activities, such as sports or a play, will being in your custody allow the normal routine to continue? He has made racist remarks towards me and has had multiple cps cases called to the house. Do not badmouth the other parent, and do not interfere with the child’s relationship with that parent, as these things will reflect badly on you during a custody dispute. My son has threatened to want to kill my ex CPS was called and other stuff was found out going on in the house sending my son to bed without eating when not wanting to eat dinner .Still doing it.The reason why I didn’t get my kids in the divorce I was found in default. In preparing for a custody case, be aware that your parenting skills and daily interactions with your children will be thoroughly inspected by a judge. However, while you may feel that the parent is unfit, you must still prove to the court that sole custody would work in the best interests of your child. We know you need support and we are here to help! If unable to back up a statement or accusation with evidence, it is likely to become a "he said, she said" argument that has no weight in court. Having steady employment also shows that you can financially support your child. Take some time to think about the mother’s behavior and list any instances of physical or emotional abuse, excessive discipline, drug or alcohol abuse, or convictions for sexual offenses. Legal Disclaimer: All information provided on FamilyLawRights.net is to be used at your own discretion. Could they submit written and signed statements of people who have witnessed them with their child as evidence? Better parent standard. The court will want to know that your living arrangements, temperament and more ensure the safety of the children as much as possible. Save my name, email, and website in this browser for the next time I comment. We want sole custody because he hangs out with people who have robbed him(admittedly) and may put the boys in danger. Collect any information that backs up what you said in court. Presenting Yourself at the Better Parent. Her ex just started getting kids again after 2 months and started making demands. In this type of child custody case, you would need to prove that you are the better parent. More details are definitely needed and you should speak with our team of child custody attorneys to provide you more insight. Someone made false claims about him to CPS and they took his children. The age of your children also plays a role since the daily needs of children change as they grow. What does it mean to be the better parent? If you desire to move forward and establish an attorney client relationship with one of our affiliated attorneys, you do so at your own risk. Contact us today for a FREE Confidential Consultation from a Local Attorney. The father has blocked us from talking to him and them. We can’t afford a lawyer. You may want to remember that you will have your work cut out for you. By using qualified advice from our affiliated attorneys you can then make decisions based on your own circumstances. Our team of skilled attorneys and professionals have helped thousands of customers secure their rights and we can do the same for you. The custody plan adopted by the court was an almost exact duplicate of the plan I submitted! For the parents, it is best to try to work out some type of agreement so the scheduled days work well for all involved. All rights reserved. For instance, do you give them the love, support, shelter, food and other requirements they need in order to thrive? They think I can’t look after him I did my assessment and samethings wasn’t looking good anyone can Learn parenting can’t they. Trying to figure what I need to do my ex is not obiding by the court agreement.Im surpose to see my kids on Thursday for a. Nicholas Baker is a practicing family law attorney with over 15-years of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom. Co-parenting can be even more daunting. He recently got back with one of his ex’s that he’s had a fight with before. For instance, do you give them … Return to top. While claims are sometimes legitimate, bringing up issues that simply bother you will not be taken seriously by the court. peak with our team of child custody attorneys. Gather up proof of this, make sure your house is in impeccable order, and get started immediately – these types of things need to be handled quickly and done the right way the first time, it is often difficult for attorneys to fix mistakes that are made when a person without an attorney attempts things hastily, so give our team a call soon. It is also expected the parents will agree on things such as discipline so there is consistency in place regardless of which home the children are in at the time. Filed Under: Child Custody Tagged With: Parenting. You may need to create a parenting plan, draft multiple custody schedules, track the other parent's time … Like other parents in Menlo Park and San Ramon, you want what is best for your children. When negotiating a parenting agreement with an HCP, a parallel parenting arrangement may be better suited. Our attorneys are still working and are available via email and phone. By filling out the Free Case Evaluation Form you will be contacted by an affiliated attorney from our company. You will need to show the court that you serve as the children’s primary caregiver. If you do need to make changes to your children’s routines, the court will want to make sure they benefit the children and do not unnecessarily disrupt their lives. Unless there are extenuating circumstances, such as a situation where there is a legitimate danger to the child, the courts will not want to exclude either parent from the life of the child. Required fields are marked *. More than likely, you have your reasons for believing that obtaining sole custody of your children would provide them with a better life than joint custody.