Divorce is hard enough on a family, but if your soon-to-be ex-wife, for whatever reason, shouldn't have custody of your children, you're facing quite a battle. Up to 88% of custody battles rule in favor of the mom; thus, you need to prepare your case thoroughly and really demonstrate to the judge that you're the more fit parent.
Divorcees may be inclined to argue over everything during the separation process, but kids aren't property and should be placed with the parent who is really going to take care of them. If you feel certain that it's not in your kid's best interests to be with their mom, get ready to create a strategy with a custody lawyer over some very tough issues.
Here are some of the situations you will need to prove are ongoing in the family dynamics:
1. Physical or Mental Health Interfere With Parental Abilities
If your ex-partner has physical limitations or mental deficiencies which inhibit their ability to properly parent the kids, point this out to the presiding judge with cold, hard facts. You may need medical testimony or evidence to prove your claims and will need to be prepared to show how these limitations or deficiencies directly interfere with day-to-day life.
2. The Ability to Provide a Stable Home for the Children Is in Question
Employment is a primary concern when a judge looks at custody; is your ex gainfully employed and prepared to provide for the kids for the long-term? If not, and if you can prove it, this will work in your favor in court. Financial concerns extend to basic necessities, such as food and clothing, as well as other areas that help a child lead a high-quality of life.
3. An Alcohol or Drug Addiction Threatens the Children's Well-Being
Unfortunately, divorce can lead to drinking or alcohol problems, or perhaps those issues were the root cause of your separation; either way, have evidence or testimony prepared that shows the abuse and especially how it affects the children. Be mindful of your own actions, too, and how they might be used against you in turn. Your lawyer can ensure that you point out the facts without going beyond your boundaries.
4. Your Ex Is Undermining Your Relationship With the Kids
Also unfortunate, but not rare, is one parent trying to turn the kids against the other parent. The court doesn't look favorably on this type of cruel manipulation and if you can demonstrate to a judge that it's ongoing, your case is further fortified.
5. The Sole Reason Your Ex Is Seeking Custody Is Revenge Against You
One of the saddest scenarios in divorce is when the children are being fought over simply for the sake of "winning" against a partner. Some people fight for the kids just to get back at the other parent and since this obviously is a harmful situation for the children, the courts aren't likely to take it lightly. If you suspect your ex is acting in this manner, inform your attorney and try to accumulate corroborating evidence. Be prepared to show that you are seeking custody solely because you love the kids and want to do what's best for them.
Although there are numerous reasons why a judge decides one parent is more fit over the other, these are some of the more predominant issues that will impact your particular case. If you suspect these or any other potentially ill-fated situations are in your children's future, give the case all you've got, because these are already trying times and your kids need you to make things a little more bearable. Their life health may be dependent on you securing them into your custody, where they can look forward to a healthy, nurturing environment.