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Navigating Custody Battles: A Guide for Mothers

mom with 2 kids

Nothing about divorce is easy. You may be dividing up assets, dealing with a loss of income, and struggling with feelings of loneliness. But if you have kids, navigating the ensuing custody battles is the biggest challenge you’ll likely face.

In honor of Mother’s Day, we have prepared an essential guide to help you understand the process, strengthen your case, and support yourself and your children throughout. 

Stay Strong!

Before we delve into the nitty gritty, let’s take a moment to recognize that this will be difficult emotionally. No matter how good your marriage was, things can change during the divorce — especially when children are involved. 

While achieving emotional balance isn’t always easy, it can help the process go more smoothly. Specifically, try to do the following:

  • Keep emotions in check: You may feel angry, sad, bitter, and defeated — or all of these feelings at once. Child custody disputes challenge the poise of even the calmest of people. Work on keeping emotions under control, especially when interacting with your children, your ex, or the court system.
  • Remember what’s important: Always put your child’s interests first. Even if you feel your ex-partner is using a custody battle to hurt you, don’t take the bait. Never involve your children in disputes, and never give up on doing what’s right for them.
  • Communicate openly: While it’s sometimes easier said than done, communicating openly and respectfully with your ex is ideal for handling the child custody process. Litigation is a lengthy and costly last resort. Cooperation and compromise are much better options when possible. 
  • Seek help when needed: Don’t hesitate to lean on professionals during difficult times. Family lawyers can guide you through the process while protecting your rights. Mediators can help you resolve tricky issues with your ex-spouse. Divorce groups and trained counselors can support you emotionally during your child custody case.

Put Your Best Foot Forward

All of the above suggestions can help you survive difficult custody battles while minimizing animosity and psychological distress. They can also help you build a strong case for why you should receive the custody arrangement you seek. 

Following these suggestions can also help you support your interests:

Communicate Carefully

If a custody battle goes to court, your ex may use texts, emails, social media comments, and other documented communication as evidence. Avoid threatening, bullying, or disparaging the other parent.

If your ex does any of these things, save it as evidence. Even if you are worried about the child’s welfare, don’t formally accuse your ex without solid proof. Unsubstantiated claims can backfire. Contact an attorney who can help you use proper legal channels to address your concerns. 

Take Care of Your Child

To win a custody dispute, you must prove that your home environment is secure, stable, and nurturing. Do whatever you need to make your home safe and maintain a strong mother-child relationship. This means not neglecting the child’s normal routine, abusing alcohol or drugs, or bringing new partners into your child’s life.

You can also demonstrate your commitment to your child’s welfare by participating in the legal process. Always show up for scheduled appointments, answer legal documents, cooperate with professionals, and attend all the recommended therapy sessions. Follow any court orders or spousal agreements to pay child support or allow visitation. 

Document Your Role as Caregiver

If your case goes to court for a custody determination, you will likely have the opportunity to present evidence to support your side. You can help your interests by keeping detailed records that show you are the primary caregiver.

Examples include the following:

  • Medical records indicating you took your child to appointments
  • Photographs or videos of school activities or other events you attended
  • Testimonials from teachers or childcare providers
  • Character reference letters discussing why you’re the better fit for child custody
  • Documentation of your parenting time, parenting duties, and child-related expenses 

Consult With an Attorney

Even if you and your ex can resolve the case out of court, it’s a good idea to talk with a family lawyer as soon as possible after your separation (or even before you separate). An attorney will help you understand the legal process and inform you of your options. 

If you end up in court, your lawyer will advocate for you and protect your legal rights. 

Specifically, your attorney will do the following:

  • File the required paperwork.
  • Gather evidence to support your claims.
  • Present your case effectively.
  • Prepare you for the judge’s questions.
  • Cross-examine the other side’s witnesses.

For legal assistance with custody battles in North Carolina, contact the experienced attorneys at Triangle Divorce Lawyers for a confidential consultation today.

 

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