Custody cases are rarely transparent and sometimes judges have to take statements at face value. Because of this, the more documentation that you and your lawyer can have to back up your case for custody, the better. If you are fighting for custody with an ex-spouse that might stretch the truth or add drama to situations, you might be in for a rocky ride in court. Here are four common situations that an ex might use as ammunition in court, and how you can fight them.
1. Attacking Your Reliability
There are two sides to every story. If your divorce was messy and might have been caused by some negligence on your part, your ex-spouse might have grounds to use this in court. Work with your divorce attorney to have your case ready, and to clarify the difference between being a good parent and a good spouse. Any conflicts between you and your spouse shouldn't be used to draw a correlation to your ability to raise your children.
2. Embellish Incidents with the Kids
You ex-spouse might embellish incidents that have come up with the kids. Statements that you aren't a good parent backed up with hollow claims will need to be refuted by you and your lawyer. Do you part and have your children interviewed or in counseling so that you can have a professional in your corner to defend any detrimental claims. Have other family members as character witnesses to stand up for your parenting skills.
3. Attacking Your Moral Character
Sometimes an ex can be all over the place in their defense, grasping at straws to prove that you aren't fit for custody. If your ex-spouse has a propensity for mental instability, keep this in your back pocket. Any documented history of mental problems or drama in your ex-spouse's past can be used to diffuse their claims.
4. Dredging up Things from Your Past
If you are the one with a criminal or less-than-perfect past, this might be brought up in court. Be ready with your side of the story, a statement on how you are recovered, or documentation of your record being cleared or charges expunged. If you are ready to back yourself up and minimize damaging claims, out of control stories won't get away from you.
Working with your family law attorney will help separate fact from fiction. It is important to keep your side of the story on-track and documented. Stay calm in court and do the best that you can with the information that you have. The hope is that a skilled judge will see the truth for what it is and give you a fair ruling when it comes to custody. For more information, contact lawyers in your area.