In the most perfect scenario, when a couple divorces or separates and their children are involved, the court awards equal custody to both parents. However, there are many things that can tip the percentages one way or the other, which is why it's important to get a family law attorney when going through a child custody case.
Your lawyer can assist you at any time of your child custody case, including child support or visit modifications. Here are things to discuss with your lawyer regarding child custody.
1. Your history with your child
If this is a new child custody case and you and the other parent are just discussing child custody, then you need to share with your family lawyer what your history is with your child. Have you been the primary caregiver for your child up to now? Have you been the one caring for them outside of work, dropping them off and picking them up from school and daycare? Do you have any major changes in work or your family life since you have been going through a separation with the other parent to interfere with the relationship with your children as you know it?
A judge may wish to keep a child's living and family situation as normal as possible, so be honest about the history you have with your children. This can help a judge negotiate the best child custody situation for your little one.
2. Your criminal or legal history
While not every criminal charge will impact your relationship with your child in a child custody case, if you do have a criminal history, particularly one that involves drugs or any type of physical or sexual assault, then your lawyer needs to know about it. Even if the charge has been cleared, any criminal or legal history that you have needs to be expressed so your lawyer knows the best way to move forward in your case.
If you have child support and custody of children from a previous relationship, this should be brought to your lawyer's attention as well, particularly if you are behind in payments. While one custody case is different than the next, you want to ensure your child custody situation is as positive as possible so you can get the best outcome for your scenario overall. Your family lawyer will work with you to help you manage your child custody case and any changes that come up along the way.