You and your spouse have been fighting over custody, and you want the fight to come to an end. You want your children to have a stable schedule and to know what to expect each day. You are tired of having to fight with your spouse and want to move forward with your divorce.
One option is to take your case to trial, but that’s something that you will want to consider carefully before you choose to proceed. Fighting for custody in trial can be a losing battle, because the likelihood is that neither you or your spouse are going to get exactly what you want. It’s generally better to work something out yourselves, because you can negotiate a plan that is as close to ideal as it’s going to get.
If you truly can’t work together to come up with a custody schedule, then you need to prepare for trial. You should know that it can be costly and tiring, but good support will make a difference.
What should you do if you have to go to court for custody of your child?
One thing to realize is that the state’s laws are going to have an affect on your case. Most states and judges prefer that both parents play a role in their children’s lives. If you are trying to seek sole custody and have no significant evidence that it’s necessary, you may find that the judge doesn’t consider sole custody at all.
What will help you is putting together a plan that you feel will work and be fair to your child and the other parent. When it’s presented, it should come with all the little details that support why you’re asking for what you are. For example, if you are asking for five days of custody a week, you may want to explain that you have a more flexible work schedule, that you are more involved in your child’s schooling or other factors that make it more realistic for you to see your child so much more often than your spouse.
Going to trial essentially gives total strangers the opportunity to make decisions that will affect you and your child well into the future. It’s a good idea to try to work out your custody arrangements outside court to avoid having a judge make the final decision, which may or may not be what you expect.