How to Increase Your Chances of Becoming The Custodial Parent

Going through a child custody case can be very difficult. It is important for both the mother and the father to remember that they are not there to “battle” for custody of their child, but rather, to work with each other to come up with the best living and visitation schedule for their child.

A custodial parent is the parent that has primary physical custody of the child. This usually means that the child lives with the custodial parent.

The non-custodial parent is the parent who usually has the child for less time and has visitation time with the child.

Although it is believed that most judges believe the mother should be the custodial parent (unless there is overwhelming evidence that she is considered unfit), some court systems are slowly starting to change and will make the father the custodial parent.


In order to increase the chances of becoming the custodial parent, here are some steps to follow.

Difficulty: Moderately Easy

Instructions

1. Do not leave your home if you and your spouse or significant other decides to end the relationship. Do everything in your power to stay at your residence because when a custody case begins, it is sometimes presumed that the parent not living at the permanent residence of the child is the non-custodial parent.

2. Try not to allow your child to be moved from your residence. It is a difficult situation to control, but if it is possible, try to keep your child in the residence with you.

3. Do not willingly consent to paying child support during the pre-trial, as this sometimes indicates to the judge and/or attorneys that you are agreeing to be the non-custodial parent.

4. If your attorney tries to have you sign a consent order which states you are the non-custodial parent and you don’t agree with it, then don’t sign it. Even though your attorney is supposed to have your best interests at heart and represent you, please be aware there are some who may have other agendas, such as a friendship with the opposing attorney or judge.

5. Never say anything to your child about why they shouldn’t live with the other parent or anything else that could be seen as attempts to undermine their relationship with the other parent. There is a possibility that a Guardian Ad Litem (an attorney appointed by the court to conduct a more detailed investigation of the child’s relationship with each parent) will be assigned to the case and interview your child. If the Guardian Ad Litem feels that one parent is trying to undermine the child’s relationship with the other parent, they will note this in their report that is given to the judge.

Tips & Warnings

• I am not an attorney. I am not offering legal advice. The article written above is based on research and personal experience.
• Consult with an attorney to determine your rights and responsibilities.

Resources

• Custody A to Z: Winning with Evidence

[our5kids]

on 3/8/2009 Great advice..