how a lawyer fight a custody?

by Prof. Violette Bradtke III 7 min read

Winning a custody battle with a narcissist requires careful planning. Once you settle on an attorney, the two of you will sit down together, identify the outcome you want, and develop a plan for building your case and presenting it to the court.

Full Answer

Do I need a lawyer to fight for child custody?

Some parents can work out a parenting plan or child custody agreement on their own, peacefully, while others will fight for what they believe is fair and right for their child. If you are preparing for a fight, you will want to consider legal help, but you have options. Isn't Child Custody My Decision? Do I Need to Go to Court?

What to do if you are fighting over custody of your kids?

Step up and show up for your kids. In the end, that’s really what it’s all about. *If you live in a state like Illinois or Colorado, which has abolished the term “custody,” you can no longer fight over “custody” of your kids.

Should you engage in a custody battle?

Protecting your kids from an abusive parent is a good reason to engage in a custody battle. Fighting about custody to gain leverage over your spouse in the money issues of your divorce is not. Fighting for the right reason requires you to take the time to understand what your reason for fighting really is. Dig deep and, again, be honest.

Do you fight for custody when your spouse is violent?

We have all read the stories of the distraught parent going through a divorce who killed their kids, and then killed him/herself. If your spouse is violent or abusive, fighting for custody* is not a choice. It is a necessity. Or, maybe you and your spouse live in separate states, and sharing custody and time with your kids is way more complicated.

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How long do custody battles usually last?

The Average Length of Custody Battles While one might resolve itself within weeks, another could take years. An average value means nothing; all the quick cases and lengthy cases skew the data. That said, there is one way that you can determine the maximum length of a custody dispute. However, it depends on your state.

How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

How to win custody of a child during a divorce?

During a divorce, parents often ask their lawyers to help them win custody of kids. There is no one best way to win custody and decisions can be made either inside or outside of court. Parents should know their custody rights, understand the factors involved in custody decisions, and do what is best for their children. If a battle over child custody develops, they should have a legal expert on their side. Getting a free consultation from an expert right now is your best bet to fight for your family.

What happens if a custody battle is not resolved?

If a custody battle cannot be resolved through discussions with a lawyer or mediator, it will go to court. A family court judge will hear the case and make a custody decision. Having legal guidance is always recommended and is even more important when a custody case reaches a court. An attorney experienced in custody fights can prepare an excellent case, illustrating why the client should receive custody of the children.

What to consider when trying to win custody battle?

The other thing you need to take into consideration when trying to win your child custody battle is what your ex is going to do. It doesn’t matter how reasonable and level-headed you are, if they decide to fight dirty then you’re almost guaranteed to lose your case.

What to do when you have a child custody battle with your ex?

The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want, or need, to win their child custody cases, but don’t know exactly what they’re fighting for. If this sounds like you, you might want ...

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

What is the myth of child custody?

The Myths of Child Custody: Myth #1: The best parent is the one who most wants the child. This isn’t always true, as there are times when it is better to have two parents that don’t want to be with each other, but rather than fight they work together for their children’s sake.

What to teach kids during custody battle?

There are a lot of things that can go wrong if you’re going through a custody battle, but there are plenty of ways to use this as an opportunity to teach your kids valuable life lessons. This, in turn, will teach them to treat their children with kindness and respect even when they’re going through a bad period.

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

Which state has the worst child support laws?

The state you live in or move to could decide the custody battle for you, whether it’s good or bad. Pennsylvania has some of the most stable law regarding child support and custody battles and California (yes, it is true) has one of the worst laws in this regard. A child support case can take years to settle out there!

How to handle a custody dispute?

Even if the other parent isn't entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: 1 Some law firms can advise you on a case by-the-hour, or act as your counsel outside of court. 2 You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. 3 You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations 4 You can have an attorney only for your court hearings. Just remember that the case will not be as strong if the attorney gets involved last minute, so involving them early is a good idea. 5 An attorney can work with your ex-partner to compromise on a parenting plan, which keeps the case out of court. 6 You can also use a lawyer to try to convince the other parent to use mediation if they refused before.

What is a custody battle?

While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody "battle") considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also ...

How much does an attorney cost?

Attorney are always a large expense that people do not plan for. Most cost $100-$500 per hour, and your case may need many hours. However, attorneys can cost less in the long run because they don't make mistakes in the process, and generally, the overall process goes faster.

How to save money on court case prep?

You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations. You can have an attorney only for your court hearings.

What to do if your spouse treats you like you are inferior?

If your spouse treats you like you are inferior and will not listen to your viewpoint, you will want to consider hiring an attorney to protect your rights. You are involved in a domestic violence situation. There is no question that you need a lawyer if your safety, and your children's safety, is at risk.

Can both parents have custody of their children?

Both parents have the right to seek custody of their children — with or without an attorney. However, some factors make the case lean in favor of one side or the other. It is a good idea to have an attorney if: You have a history of drug or alcohol use.

Is it a right to represent yourself in court?

Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom.

Better Parent Standard

The court is always interested, first and foremost, in what is in the best interest of the child. As a result, it will consider which parent is considered the better parent. The “better parent” is the person who is a better provider financially or who offers better emotional support and is based on past experiences.

Proper Documentation

Always come to court with all the proper documentation you need to present your case. Remember, it’s a child custody case, and you want to show the judge that you are serious about wanting custody of your kids.

Parent Communication

The court wants both parents to be involved in the child’s life if it is in the child’s best interest.

What to do when you are facing custody battle?

When you’re facing something as serious as a custody battle, it’s crucial that you get in touch with an attorney quickly. They know the law, have tried many cases just like yours, and can play both protector and peacemaker while working for the best-case outcome.

What does a court decide about child custody?

When courts make decisions about child custody and visitation agreements they want to ensure both parents are a part of their children’s lives. Your attorney will let you know what to realistically expect and how to create an equitable parenting agreement and visitation schedule that’s fair to everyone.

What do you say online in custody cases?

What you say online can negatively impact the outcome of a custody battle so it’s important to exercise caution. Social media posts can be used to assess your character and play a role in determining the outcome of your custody case.

What can an attorney do for you?

An attorney can help evaluate your personal circumstances and offer advice to give you the best chances of a favorable outcome. If any potential issues are uncovered, your attorney will advise you on what you can do to minimize the impact those things could have on your custody case.

Why is child custody so ugly?

Parents often use this as an opportunity to take out frustrations regarding their relationship with each other rather than keeping the focus on their kids.

Why don't you shift away from what's best for your child?

Don’t shift away from what’s best for your child because you’re trying to beat your ex. A heated custody battle takes a toll on everyone. Even babies are aware of and affected by the increased stress that goes hand in hand with separation and custody cases. Children feel anxiety just as adults do, and it can adversely affect their mood, ...

How to get your child to be a good parent?

1. Focus on the Best Interest of Your Child. This should go without saying, but sadly, a lot of parents lose sight of the most important thing: your child’s best interest. Here’s why: Parent’s often get wrapped up in trying to “win”. Don’t shift away from what’s best for your child because you’re trying to beat your ex.

Child Custody Attorneys Manage Expectations

Child custody in North Carolina is complicated, and the court determines custody based on the best interest of the child, looking at multiple factors to make their decision, including:

Custody Lawyers Can Keep You Out of the Courtroom

North Carolina law requires parents to undergo custody mediation to avoid having a trial. Both parties meet with a mediator to discuss custody and work out a parenting agreement that both are satisfied with.

Your Child Custody Attorney Will Fight For You

Most importantly, having legal representation means you don’t have to fight for custody, your attorney will do it for you. Consider these benefits that a child custody attorney can bring to your case:

Schedule a Consultation with a Child Custody Attorney in Raleigh

If you would like to learn more about how a child custody lawyer can assist you, reach out to our experienced family law firm today. To schedule a consultation, call us at (919) 301-8843 or fill out the form below to learn more.

What is the role of a court in a custody battle?

Instead, the court has a legal responsibility to be impartial and look at all sides equally, letting the evidence and the circumstances determine the best course of action.

What are the factors that a court looks at when deciding custody?

According to FindLaw, these are the most important factors that a court looks at when deciding custody: The financial health and physical ability of each parent to care for the children. The wishes of both parents, and the wishes of the children if they are old enough.

What is the battle between a narcissist and a parent?

Fighting a custody battle with a narcissist is a dangerous turning point in your journey as a parent. You’re likely to be facing lies, personal attacks, emotional manipulation, and a two-faced adversary who will often appear perfectly reasonable to outsiders while being awful to anyone under their power.

What is the ultimate consideration in building your case?

The ultimate consideration in building your case is the wellbeing of your kids. That’s what the court is going to look at. If you’re demanding sole custody and the court doesn’t see that it’s justified, the judge might think you’re in it to punish your spouse rather than protect your kids. This does happen sometimes.

How to win a custody battle with a narcissist?

Once you settle on an attorney, the two of you will sit down together, identify the outcome you want, and develop a plan for building your case and presenting it to the court.

What are the factors that determine custody?

According to FindLaw, these are the most important factors that a court looks at when deciding custody: 1 The financial health and physical ability of each parent to care for the children. 2 The wishes of both parents, and the wishes of the children if they are old enough. 3 The medical and psychologicalhealthh of all parties. 4 The level of hardship that would be imposed upon the children in any scenario. 5 Each parent's willingness to support the children's relationship with the other parent. 6 Warning signs such as criminal history, substance abuse problems, etc.

Can a court accept a narcissist's custody?

Similarly, a court isn’t going to automatically accept your claim that you are locked in a custody battle with a narcissist. They are going to want to see evidence that the other parent’s behavior is adverse to the children’s interests and development.

2. How to Win a Custody Battle (with Pictures) – wikiHow

23 steps1.Figure out where you are in the case. This article assumes you have already filed for custody and attended any court-ordered mediation. If you haven’t, then 2.Identify areas of disagreement. You should also find out why the other parent is fighting you.

4. Is It Possible To Win a Child Custody Battle Without a Lawyer?

Jul 19, 2013 — Make a short summary to be read aloud in the court, favoring your case. Mark all the important key points for you to remember. Reach on time to (9) …

6. Custody Battle: 10 Things That Can Sabotage Your Case

As an attorney, making sure clients avoid these missteps is vital in figuring out how to win child custody for fathers. It is often an uphill climb due to (17) …

7. Top 7 Child Custody Strategies in Tennessee Divorce

How to Win Child Custody in a Tennessee Divorce. Best Tennessee custody and divorce strategies and strategic advice from Memphis divorce attorney Miles (21) …

8. 6 Tips to Win a Child Custody Battle – Attorney at Law Magazine

Mar 24, 2021 — This should go without saying, but sadly, a lot of parents lose sight of the most important thing: your child’s best interest. Here’s why: (24) …

9. What can be used against you in a child custody battle

Jun 11, 2020 — Divorce can be quite the draining process, without the added stress of trying to navigate it with children involved. However, regardless of the (27) …

10. How To Win A Custody Battle

How To Win A Custody Battle – Can You Win Custody Battle Without a Lawyer? Fathers who want to win a child custody battle must have the facts that (29) …

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