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Ask a Child Custody Lawyers: 6 Pieces of Information That Can Work in Your Favor

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During a divorce, child custody is one of the hardest issues to sort out because it significantly affects not only the couple but also the lives of their children. If you believe that you should be the primary caregiver, you will need to prove that this is in the best interest of your children. A highly competent and experienced child custody lawyer can help you to provide the necessary evidence. 



Ask a Child Custody Lawyer: 6 Pieces of Information That Can Work in Your Favor

1. You Are the Primary Caregiver 

In the US, around four out of every five people chosen as the custodial parent are mothers. However, this doesn’t mean that you have no chance as a father. The best interest of the child is the primary concern of the judge, so you will most likely get a favorable outcome if you can prove that you have been the primary caregiver for the majority of the child’s life. 

When you first meet with your lawyer, they will speak to you about your family situation. This includes discussing who has taken care of the children so far and how involved you have been in their lives. If you were the person who spent the most time with them, took them to their appointments, and were responsible for many decisions concerning their upbringing, your chances of getting custody are very high.

2. You Are Aware of All Your Child’s Arrangements 

Whether you are the primary caregiver or not, you should always be aware of what is going on in your child’s life. This demonstrates that you play an active role in their upbringing and that knowing about their medical, mental, academic, and spiritual needs is important to you. One way of proving this is by keeping a journal and recording all the parental duties you fulfill. 

You can also draw up a parenting plan, detailing how you will handle issues that come up and what arrangements will be made for your child while you are at work or otherwise unavailable. Unless there is a reason the other spouse shouldn’t see their child, this plan should include visitations rights. Such a document demonstrates that you are serious about meeting your child’s needs and willing to compromise with the other parent.

3. Another Person Believes in Your Parental Fitness 

Other people’s opinions are always taken into consideration when making a decision about child custody. If your friends, relatives, and your child’s teachers believe that you are fit to be a full-time parent, you should make use of this and ask them to testify on your behalf. 

They should state what arrangement they believe is fair, why you are more suitable than your former spouse, and what examples of your competence they have witnessed. In some cases, a character reference letter will be accepted by the judge. 

4. Your Home Is Safe and Suitable 

In the US, less than two-thirds of children live with two married parents, so it’s not unusual that your child should grow up in a single-parent household. However, you need to prove that your home is safe and suitable before you will be granted custody. If you can demonstrate that you have taken appropriate measures to make the house child-friendly, you are much more likely to receive a favorable outcome. 

This might include baby-proofing all rooms, providing a bedroom for your child, and making sure that the yard is child-friendly. Experienced child custody attorneys in Atlanta, GA can help you figure out what evidence you should provide that your house or apartment is an appropriate home for your child.

5. You Have Proof of Neglect or Abuse 

In 2019, 71,300 people had their parental rights terminated in the US. Although such an extreme measure is relatively rare, your former spouse could lose their right to see their child if they have neglected or abused them in the past. Thus, any evidence of this kind of behavior could work in your favor. 

Depending on the situation and the likelihood of a recurrence of the issue, you might be able to gain full custody. This is also the case if the other parent has a history of incarceration or substance abuse. While these problems aren’t in themselves grounds for termination of parental rights, they are taken into consideration. If the judge believes that the negative behavior will happen again in the future, they will favor you over your former spouse.

There are many ways of proving that you should be the primary caregiver of your children, especially if you have spent a lot of time with them in the past, are involved in the decision-making process, and live in a home that is safe and suitable for children. A child custody lawyer with experience in your local area could help you find proof of your competence, so you get the best outcome possible for you and your family.

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Christopher Stern
Christopher Stern is a Washington-based reporter. Chris spent many years covering tech policy as a business reporter for renowned publications. He has extensive experience covering Congress, the Federal Communications Commission, and the Federal Trade Commissions. He is a graduate of Middlebury College. Email:[email protected]

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