One of the most difficult components of divorce proceedings can be determining which parent retains custody over the couple’s children. Gaining custody is often a question of determining the living environment that is in the best interest of your child.
Before the Battle: Your Child’s Best Interests
When fighting for custody during a divorce, try not to lose sight of the fact that your child is also going through an emotional change. If possible, keep yourself on cordial terms with your ex-husband or ex-wife. This can help your child cope. If your situation allows, consider going to mediation to determine custody instead of battling it out in court.
Determining Initial Custody
If you’re want to gain custody from the outset, you have a strong possibility of winning the case. Courts no longer automatically give custody rights to the mother. Instead, they favor the child remaining in a familiar environment. If the child is older than 12, the court will likely take the child’s wishes into consideration.
To initially gain custody of your child, you’ll need to prove to the court that it’s in your child’s best interest to live with you. You must prove that you have a comfortable environment for your child that will meet the child’s educational and social needs.
Determining Change of Custody
It is more difficult to win a case seeking to change which parent has custody. You can, however, win a change of custody if you can prove that there is an urgent situation or that your child has not been doing well in his or her current environment for an extended period of time. For instance, although it’s now an illegal ban, keeping a child in an environment with a lot of violent games is not the best situation for their development.
