You and your spouse have been angry with each other for a long time, so when you decided to divorce, it was no big surprise. What you weren’t expecting was for them to push so hard for sole custody of your child. You can’t let that happen, but is there really a risk?
You should know that most courts want to see parents come up with a fair custody schedule. It’s generally a preference of the court to see parents share custody around 50-50. If that’s not possible due to work conflicts or other responsibilities, then coming up with a way for both parents to spent time with their child is important.
What should you do if your spouse is seeking sole custody?
If your spouse is seeking sole custody, there are a few things you should do. To begin with, you should try to talk to your spouse and ask them why they’re seeking sole custody. If they don’t want to discuss this with you, then you may want to ask your attorney to reach out to theirs. Your attorneys can discuss the problem as they understand it to try to help both of you come up with a better solution.
If you are not able to negotiate with your spouse to set up a custody schedule that you can agree with, then you may need to take this case to court. A judge will then make a decision for both of you based on the information provided.
What should you do if you’re going to court over custody?
If you are going to go to court, your attorney will help you prepare. There are a few things you will need to do and bring.
First, your attorney will talk to you about bringing documentation about your relationship with your child. Things like reports from teachers, letters from friends and family members, medical paperwork and other information could be helpful when you’re seeking custody.
Next, your attorney will spend some time talking to you about how to act leading up to court and when you’re in the court room. You want to minimize conflicts and make an effort to show that you are the responsible, respectful parent, especially if your spouse is consistently trying to cause conflicts.
Finally, your attorney will talk to you about how to present yourself in the court room. Things like allowing the other parent to speak and only responding politely to the judge go far in a case. With good preparation, you can be ready.