Child custody is probably the most conflict-ridden components in a divorce that involves children, most especially if you believe that your spouse is unfit to have custody of your children.
In most courts, the judge would try to figure out an ideal custody arrangement that would be in the children’s best interest. This means that you would need to prove that your spouse is unfit for joint or sole custody.
Be The Better Parent
Judges don’t like it when parents bash each other in their courtroom, so the best thing to do is to highlight what is it exactly that makes you a better parent than your spouse. For instance, you could demonstrate how knowledgeable you are about your children’s daily schedules and give evidence about the extracurricular activities they’re enrolled in, as well as their excellent health. These types of evidence could help the court see that you’re indeed the better parent.
The court would require admissible proof for your argument that your spouse is unfit. If your spouse has a history of domestic violence, substance abuse, or a criminal record, make sure to bring documentation for those. Photos, videos, audio files, and correspondence are likewise admissible in court. You could also try to establish how unsuitable your spouse’s home environment for your children. Even the specific neighborhood when your spouse currently lives might be a crucial factor.
Get a Psychological Evaluation
In disputed child custody cases, you might be able to request that your spouse undergo a psychological evaluation. This could reveal so many things that could help your case, and although it’s not entirely conclusive, it would give the judge an idea of your spouse’s state of mind, says a prominent family law attorney in Denver. You could likewise consider asking the judge to have your children evaluated as well so that the court could figure out the dynamic between your children and your spouse.
Know the Child Custody Laws
Child custody laws differ from state to state, so you need to be aware of the specific laws in your state. This is where the counsel of an experienced family lawyer would be most useful. Your lawyer would be your greatest ally and advocate and would help tirelessly to ensure that the court sees how unfit your spouse is and that you’re the better parent.