Increasing your chance of success during a complex custody battle

There is nothing more stressful for a parent than a potential threat to the well-being of their children. Whether it is a physical threat to their safety or a threat to their emotional health, you will do everything possible to ensure that your kids are safe and secure. If you are going through a divorce, this may mean seeking custody terms that will benefit them above all else. This is not always easy, and custody and visitation are often the most contentious issues in a divorce.  

If you and the other parent are unable to agree on the terms of your custody and visitation order, you may have to fight for your desired outcome in court. While you may prefer an out-of-court resolution to your custody concerns, it is possible to fight for terms that will benefit you and your family for years to come. As you look ahead to a potential custody battle, there are things you can do that will strengthen your case and give you a higher chance of success with your custody objectives. 

The fight ahead 

A custody battle can be stressful, lengthy and overwhelming. The better prepared you are and the more you understand what is ahead, the greater chance you will have of making positive decisions and securing meaningful and sustainable terms. The court will look at all evidence presented, as well as witness testimony and other types of documentation you provide before making a decision. Things you can do to improve your case include: 

  • Show that you have tried to be cooperative with the other spouse. 
  • Demonstrate that you know what is going on in the life of your child. 
  • Consider your current living arrangements, and make improvements if necessary. 
  • Prove that you are willing to work with the other parent if it is best for the kids. 

During a custody hearing, a court will consider all factors that impact the children, ultimately making a decision based on what they believe will be in their best interests. The court will review all documentation provided, including witness testimony, input from the children, court etiquette and more. There is a lot at stake for your children during a custody battle, and you will find it helpful to have a clear understanding of all the legal options available to you before you move forward.