When two people get divorced and they have children together, the subject of child custody is bound to come up at some point. According to Ned Khan, Oswego IL family lawyer, you should know that in order to have a chance of getting custody, or at least visitation time, with your child, you will need to file a petition with the courts and have the custody determined by a judge. When your case comes up, the judge will take the time to listen to your case as well as any arguments by the other parent or guardian of the child and then make a decision based upon what he/she believes is in the child’s best interests.
If you intend on trying to get custody of your child and you’re attending mediation sessions, you should bring up the custody issue with the mediator. He/she will try to help you to come up with an agreement with the other parent so that you can avoid having to go to court. If at all possible, this is the best route. However, it does require that both parties be willing to work together to come to an agreement.
If you can’t come up with an agreement, you will need to move forward with a motion in the courts. (Get Oswego lawyer Ned C Khan)
First of all, you must file a custody petition according to the rules of the jurisdiction the case is located in. Before creating your petition, you might want to find out if the clerk can provide you with a sample petition so that you can ensure that you’re in compliance with the state laws. You should also know that you can have child custody provisions stated in your petition for divorce.
Be sure that you have plenty of evidence to support your petition for child custody. You want to prove the reasons why you are the best choice to have custody. The judge will review the facts from both sides and then make a ruling on custody based upon what is best for the child. Things to think about are: your relationship with your child and the relationship he/she has with the other parent, as well as how you will be able to meet the needs of your child.
Once you have filed your motion, a date for the hearing will be set. This is the time that you will be able to get in front of the judge and verbally give your argument. Of course, you should know that the other parent will be able to give a rebuttal of your claims. You must make sure that your case is solid enough that the other parent will be unable to tear it apart. However, you must also make sure that all of your claims are factual. You don’t want to be dishonest or do anything that is illegal and could get you into serious trouble. If the child is old enough, the judge may ask him/her which parent he/she would prefer to live with.
Always remember that no matter how much you want to, you must never say anything negative in front of your child about the other parent. You always want to maintain a positive and encouraging attitude when it comes to your child. Remember, it’s not their fault that things went bad between you and their other parent.