i need help on my custody battle. we are going to trial next week and want to know the outcome of the trial be

Question

going to trial, its more of he said she said accusations.
who will mostly get physical custody of our child?
what does the judge base it on and what do they look for?
if both side of the parents are financially stabled, have stability of home both physically and mentally, have great relationship with child. what does this base on?

Answer 1

you say you both have what the children need for a stable life, right? i know divorces can be a total mess, but if the two of you live in a reasonable close area, and you must believe he is a good father to the children, why not consider joint custody? its something that is a possibility, you both would have the same rights, but one would be issued primary residency, due to school and what not. other then that no one can say totally for sure, that's decided by the judge. yes, there are more cases of the mother winning custody, but it doesn't always work that way.

Answer 2

If we could predict the outcome, then there would be no need for a trial.
Judges do as they please and there is no true justice: however those who are the most prepared end up winning a few small battles.
It has been true that women have need granted custody until recently. The changing trend is to have joint custody. This means both of you make major decisions for the child together by picking up the phone and discussing doctors, medications, braces, what school etc. Just because you have joint custody does not assume that the child lives 50% of the time with both parents, although many people do arrange that very successfuly.
Time spent with the child is part of the Parenting Plan- usually a separate court appearence, than determination of custody. Again, depends on your lawyers case and ultimatly the judge. (Honestly, the judges see so many crazy-angry cases, they welcome two civil adults who really want the kid to benefit from both parents- so drop the he-said he-said and focus on meeting the kid's needs)
You could have sole custody in which only you make decisions but the child has 50-50 visitation.
If you and the ex are civil and can talk for brief periods w/o fighting then it would be in the best interest for you two to decide and present to the judge a united front. Parents who can put asside thier anger and truely work out a fair and equal arrangement end up with less stress on all parties including the kid.
This isn't about YOU or your ex this is about the child, who did not ask to be born into this arrangement, yet who is the victim, really. He/she has the right to both parents and for either to prevent that is alienation.(provided you both are mentally stable/not drug addicts)
A kid feels part of each parent and when parents fight or the kid feels he/she needs to choose it caused unnecessarly stress which lasts a lifetime!

Answer 3

Not to be rude to all of the people who have already answered this, but the court system doesn't prefer the mother anymore! They used to but the laws have changed in nearly all states. Most statutes have now initiated a "rebuttable presumption of joint custody and placement," which means that 50/50 (or a similar arrangement) physical placement is what is deemed to be in the best interests of the child, regardless of how much involvement the father (or mother) has had in the childs life. Sadly, even if there is suspicion of abuse by a parent, you could risk losing custody of your child if you report it. Courts dislike it when parents can't get along, and they have heard alot of the bs and finger pointing that parents will do. Because of that, they often times just rush through things without looking at details that actually might be important.
The most important thing to do is make attempts to compromise with your ex and don't fight over the child, even if the ex does. You don't want to seem like you are trying to keep the other parent out of the child's life. Also, it will help if you have been documenting all interactions with the other parent.
My best guess would be that the court will order joint physical placement if everything is as you said. I'm sorry you are going through this! Good luck to you.

Answer 4

99% of the time the child will go to the mother unless the child is at an age where he/she can chose but they don't like to put them in that position. they look at what is the most stable environment. They look more than income what home where the child has primarily lived in,.school/daycare and child friends. If there is a fight for custody if the judge may request the parents go to a mediator to sort time issues out. Such every weekend and holidays the father has the child. If that can't be sorted out by mediator or by lawyers the judge will decide and the judge doesn't like it when it gets to that point. He doesn't listen to he say/she say things. Especially infidelity, he looks at the facts as I stated above. If your having a custody battle make sure you have an aggressive lawyer because he/she won't back down and will fight for your rights more than a lawyer who is passive. Believe there are passive lawyers that will back down easily when things get rough.

Answer 5

You must read this article, Eight Things Every Parent Should Know about a Custody Dispute

http://www.associatedcontent.com/article/369395/eight_things_every_parent_should_know.html

They base it in the "best interest of the child" and in some cases include in that request that the child be interviewed. it is a horrible experience, that as a paralegal I encountered a great deal and then it happened to me (two weeks after I filed for back child support hmmm guess that did it huh?)
Anyway, it depends on your state. Most states have a statue listing the things to be considered, in OH it is approximately 13 things. The court may order a GAL report --described in the article -- and they use that to help with the decision also.

Did i mention in my case he isn't the "same" and hadn't spoken to his child in 6 mths. or visited her. yet the court still goes through the motions.

i can tell you this, prepare for the worst and hope for the best. it is all you can do. and lastly, very rarely do they decide that minute, so be prepared to walk out feeling that it was all a waste of time and you will continue to have it hangingover your head.

this article will absolutely help you prepare.
good luck,

Answer 6

In a situation you outline Family Court will more than likely award joint custody with physcial custody primarily with the Mother unless she's proven unfit,especially if the child is quite young....visitation for the father will be outlined...weekends, Holidays, sleep-overs....what the Courts look for is not only stability but the child's relationship with both parents,and the attitude both parents have toward each other....if one parent tries to interfer with the other's time with the child,tries to demean the other parent to the child,...is unco-operative with the decree of visitation...they will take a very harsh view of the offending parent so my advice is to conduct yourself above reproach...it'll go far with the Courts. Good Luck!

Answer 7

I am not sure what your situation with your ex husband is or what type of father he is. If you both can get along when it comes to your child and you both your child very much, do what is in the best of interest of your child. If you both feel it will be better to joint custody then do that. The courts I believe will only have say if you both cannot agree or if there is abuse. If your child loves both of you very much, respect that, the child needs to know that you both will still be there no matter what happen you and your husband. Just but your emotions for each other side and look at your child. Again I don't know much of your situation all situations vary.

Answer 8

The judge is going to base it on the child if he is older and if not he will give the mom the right because of course she is the mother but if they can and the father fight he can get half custody for instance the baby is going to stay with you mom-Fri and the on Friday night go see dad and come home sunday night this will be nice try to see if you can work something out.

Answer 9

The mother carried the child for 9 months. He/she will look at that before he/she looks at the father. The mother has the better chance on custody. we both were financially stable. My attorney said since she carried the child she would get custody. That's the way it went. I went through that about 9 years ago. Of course the laws do change.

Answer 10

the judge will try to make it as fair for the child as possible- what is in the childs best interest. i know how scary the thought of losing custody can be but you need to have faith that the judge will do what is best for the child. i hope you realize that the he said-she said accusations are not in the best interest of the child if they unfairly or untruthfully reflect badly on the other parent. those kind of accusations only hurt the child in the long run, teaching them to be distrustful of there parents.