After you have petitioned for full child custody and have received your child custody case hearing date, you will want to do the next things to prepare for your case to be heard.
Preparing for Your Full Child Custody Hearing
- Serve the other parent with a notice that you have filed a petition for a full child custody. If you are working with a family law attorney (and it is advised you do so for this type of case), they will be able to make arrangements for the other parent to be served with a notification that you are requesting full child custody. If you’re not working with an attorney, you can work with a service company or through the court. Regardless, it’s important that the other parent is made aware that you have filed a full child custody petition.
- Get proof of service. You’ll need proof that the service was performed. You can get this from the person that served the other parent. You’ll need to provide this proof of service to the court.
- Prepare evidence. It’s rare that judges award full custody to a parent, so you’ll need to prove the other parent is unfit. An attorney can help you decide just what you will present in court. This might be police reports, medical bills, any mail or email correspondence, and witnesses to corroborate your case.
What a Judge Considers
During the child custody hearing, a judge will weight various considerations, while namely keeping the best interest of the child in mind. Here are something the judge will use to evaluate a parent’s worthiness:
- Employment history for both parents.
- A parent’s living condition.
- Each parent’s history. A judge will look at a parent’s history to see if there is any known emotional, sexual, physical or drug abuse. If these things are known, you will need to collect any records and evidence of abuse.
- Each parent must prove they are physically and emotionally capable of caring for a child.
Working with a Family Law Attorney
Once a judge makes a final ruling you must abide by that. If you feel an unfair decision was reached you can appeal the decision. Working with a child custody attorney can help ensure you get the ruling and outcome you want. If you do not receive the ruling you want, an attorney will also be able to help you appeal the decision.
For advice on child custody and all it’s aspects, you need the expert law firm of Korol and Velen, certified family law specialists. Schedule a consultation today.
Source: WikiHow, How to File for Full Custody, 2014