There are many items to think about and consider as you prepare to get involved, or re-involved, in any custody dispute. This list of 11 items will help improve your odds of winning a family law case.
1. Hire the right lawyer, with the right experience, knowledge and training. Without the right lawyer nothing seems to work out as well--no matter how much work you put into your case. Look for a lawyer that specializes in family law, check the local bar association, network with friends, and do your research on the Internet.
2. Make a list of the other person's weaknesses and strengths. Now do the same for yourself and analyze the list to see what you can use to help your case and what you will need to prepare to defend yourself.
3. Decide if you should be the first to initiate the case. This is 99% of the time a "yes." This puts you on the offensive, the other party on the defensive, and shows that you are working to solve a problem.
4. Decide if you should try to settle the case out of court. This is dependent on many factors, including but not limited too, the attitude of the other party, money, and the best interests of the child.
5. Write out a Draft Custody Plan. List everything that you want as if you will be able to get everything that you want -- you won't get everything, but making this list is a good start and will save yourself some money with attorney fees.
6. Make a list of the negotiable points in your Draft Custody Plan because you will most likely need to negotiate some items in the plan with the other party. This will force you to think about the negotiation before you enter the court room.
7. Find out what criteria your family court looks at when awarding custody in your state. States do differ in what they look for so do your research using friends, local activist groups, law libraries and of course the Internet.
8. Find out if your judge has specific prejudices (blond hair, women or men, successful women, athletic-looking men, etc.). This can be tough and is usually information that only attorney's possess.
9. Find out if the other person is using alienating strategies. Courts frown on this big time. This can be very tough to prove and every situation is different.
10. Decide if the other person may make false allegations in court. What would they be? Prepare good hard proof to counter these claims. If the other party tries to pull a fast one and you knock them down with good solid evidence, what do you think the judge is going to think?
11. Decide if you need a custody evaluation to help your case. This can be costly but well worth it if the other party has mental problems or drug problems.
If you energetically follow the checklist above, dig out all of the necessary answers, write them down, and communicate that information to your lawyer, witnesses, etc., you will significantly help your case! Please feel free to suggest any additions to this list and good luck!
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