Going through a separation is hard enough, let alone having to fight for custody of your children. Not only is it stressful for you, but it isn’t exactly easy on the children involved either.
A legal custody battle can be draining and incredibly stressful for everyone involved. Whether you’re looking forward to joint custody or sole custody, there are steps you’ll need to go through to secure the desired outcome.
Working with an experienced child custody lawyer is one of the ways to ensure optimal results.
A good understanding of child custody laws, however, will often be insufficient to win a lengthy family court battle.
If you’re wondering how to win a child custody case and you’re about to deal with custody proceedings, the following guide will teach you the essentials, like:
- What is the best evidence to secure custody
- How to avoid some of the most common custody battle mistakes
- The role private investigators play in custody cases
- Every day life changes to introduce now if you want to get custody of your children
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How to Win a Court Case for Child Custody with the Help of a Private Investigator
We have worked on child custody cases from Oak Lawn to Northbrook, to even out-of-state cases. One of the main things you are going to have to do to win custody of your children is to prove that you are the better parent and that the children would be better off in your home.
With a private investigator in Chicago involved in your child’s custody case, that job just becomes that much simpler. The private investigator will get to work looking for information supporting your case. They will be able to prove whether the other party is working or not and capable of caring for the children. If you are the one working and the other party isn’t, how are they going to take care of the kids?
The private investigator will also be able to let you know if there is anything on the other party’s public record or criminal background that you didn’t know about beforehand. If they are someone who isn’t exactly safe to care for the children, you need to know that so you can fight accordingly.
The investigator will also be able to identify any hidden assets the other party has. This is especially important if you are going through a divorce and fighting to determine who pays child support and how much. You don’t want to be taken advantage of along the way. Giving your child custody attorney access to the data a PI has uncovered can significantly simplify the task of convincing the court.
By hiring a local investigator for your child custody case, you will be able to leverage their local connections that will help you navigate your local legal system. Typically, they will have relationships with lawyers and legal professionals that give them a better understanding of what will give you an advantage in your child custody case.
What is the best evidence for child custody?
The best evidence for child custody includes documentation that shows a parent’s involvement in the child’s life, such as school records, a parenting plan, medical records, and communication logs.
Winning Child Custody: Prove You Are the Better Choice
If you are fighting for grounds for full custody of a child, you will have to show the court that you are the better option. Judges want to make sure that you are looking out for what’s in the best interest of the children. That means getting them to bed on time, eating their meals on time, and taking them to after-school activities. By showing that you promote a healthy lifestyle, you are going to do well in the eyes of the court.
Depending on the specifics of your situation, it’s also a good idea to refrain from badmouthing the other parent (unless something serious like domestic violence has occurred and you can prove it).
You want to show that you are fine with the children spending time with the other parent. If you do nothing more than talk badly about the other party in front of the judge, it isn’t going to end well. You need to be supportive of the children’s time with your ex and show that you harbor no ill will toward them, even if the breakup was because of something they did.
Child Custody Battle Tips That Work: Kick Bad Habits to the Curb
One of the things that could end your fight for custody is having a drug or alcohol addiction. No judge is going to put children in the home of someone who is an addict because they know it will damage the child emotionally and mentally. Judges want to see children put into a warm and nurturing environment.
To win your child custody battle, you have to overcome vices.
A court will consider everything you do, especially when it comes to the safety and well-being of your child.
The time is now to overcome bad habits, take better care of your mental health, and acknowledge any other issues standing in the way of you being a perfect parent.
Don’t Let Your Job Interfere with Your Parenting
Judges are also going to look at whether your job is going to interfere with your being able to take care of the children.
If you have a job that has you working 15-hour shifts and being on call, how are you possibly going to be there for the kids? The children need stability, which means they need a parent who is going to be there for them in the morning when they head off to school and after school to pick them up and help them with their homework.
Showing that your children always come first can help your custody fight.
What should I say in court to win child custody?
In court, focus on demonstrating that your primary concern is the child’s best interests. The court may inquire about how you provide a stable, loving, and supportive environment.
Inconvenience and Uprooting
When determining whether the children should be placed with you or your ex, the judge is also going to look at where the two of you live. If the children have been in the same school district for years, the judge isn’t going to want to make them have to start all over in a new town with the custodial parent. If you happen to live in the area where they could stay at the same school and maintain their current lifestyle, that is going to end up helping your case that much more.
Judges don’t like to uproot children any more than they have to, as it takes a toll on the children psychologically and emotionally.
Additional Things to Consider Before the Custody Hearing
We’ve already discussed the way a private investigator can help you address a few common child custody issues.
Securing custody rights often takes preparedness. This is especially true for more complex cases. To ensure a favorable outcome, you have to understand the legal system and deliver the evidence needed to get the type of custody you feel is best for your youngster(s).
Before the court proceedings start, consider a few of the following to make going through a custody battle a bit easier.
Asset Discovery
What is the biggest mistake in a custody battle?
Every family law attorney will tell you that the biggest mistake in a custody battle is putting personal grievances above the child’s best interests. Speaking negatively about the other parent, refusing to cooperate, or acting out emotionally in court can seriously damage your credibility and hurt your case.
Private investigators can uncover a lot of information about assets, especially ones your partner may have and you’re fully unaware of.
When performing an asset investigation, we look for hidden real estate, vehicles, lawsuit settlements, business ownership and/or interests, bank accounts, and concealed forms of income. In many cases involving spousal support, the subject claims to be unemployed. Through record searches and surveillance, we often find that the subject is employed. Often, they are working for cash, and we are able to prove this for our clients by submitting reports and photographs to the court.
Getting such information can turn things in your favor both during divorce and child custody proceedings.
Background Investigations
Another common issue in a custody case is when a different person enters the equation. When a new boyfriend or girlfriend of one of the parents of the child or children begins to spend a significant amount of time with the family, the other parent is entitled to know whether or not a background check will uncover anything concerning the welfare of the children. In some cases, a parent can contest the presence of an individual who may pose a threat based on evidence found in a background check.
Surveillance
Surveillance can be one of the most powerful tactics a person can employ in a custody case. We are often hired by parents who feel as though the other parent is either lying or even blatantly breaking the rules of a custody agreement.
Worse yet, we have had cases where the other parent was engaging in activities harmful to the children, such as drunk driving and leaving the children unattended. Documented proof in the form of photos, video, activity reports, and/or affidavits is all it takes to end these types of unfortunate disputes.
In some cases, the other parent isn’t abiding by simple guidelines, such as where they are to take the children and when they are to have them back. In other cases, there is a serious threat to the children, and the police need to be contacted immediately. We have had cases of parents driving drunk with their children in which we alerted the authorities and followed the car until the children were safe. As unfortunate as these instances are, it helps to have a private investigator working as your advocate.
Can a father win a child custody case?
Yes, u003ca href=u0022https://lawrenceryaninvestigations.com/blog/how-can-a-father-get-full-custody-of-his-child/u0022u003ea father can win a child custody caseu003c/au003e if he demonstrates that he can provide a stable, nurturing, and supportive environment for the child. Courts prioritize the child’s best interests, not the parent’s gender, when making custody decisions.
Child Custody Case Support in Chicago
LRI has been providing investigation services for child custody cases in Chicago for over 35 years. We understand the sensitive nature of these cases, and our investigators treat them that way. Get a free consultation with a private investigator in Chicago today!
