How to Win a Child Custody Case

How to Win a Child Custody Case

Deep down, you know you’re determined to win your child custody case. Are you aware what you should to do—and avoid doing—to do that? The following will help present yourself to the courts in the best way and help get your child in your custody.

What You Should To Win Your Child Custody Case

As for winning your case, you need to establish a willingness to work alongside your ex while also establishing that your children are going benefit with them in your custody. The below is a rundown of some things that will strengthen your chances of getting custody of your children.

Work Alongside Your Ex

When you desire to win custody, it’s critical to demonstrate a willingness to work side by side with your ex. Some people have lost child their custody case because of their hesitation to work with their ex.

  • Keep in mind you might not like them, your ex is a part of your children’s lives, and you are required to show the family courts that you have no problem trying to work with them for your children’s benefit.

Use Your Parental Rights

Be sure you’re using your rights as a parent specifically if you’ve been awarded the right to visit your children. Spend all the time you can with them, and be sure you’re doing ordinary, regular things—like home-work and housekeeping—and not just fun things like mini golf, pick up games, paintball, and going out for ice cream. Show you can do the less than enchanting facets of parenting too.

Request In-Home Custody Examination

If you’re worried that your ex will attempt to present a bad picture of your home life, seek an in-home custody examination. This visit can be greatly beneficial in your pursuance in winning custody in particular if things go well. Despite that, it’s always wise to have a neutral 3rd party examine your home life and parenting abilities and produce a report for the court.

Realize Impression Is Everything

One of the hardest things to comprehend in custody cases is the actuality that it doesn’t matter if what is being discussed about you is the truth; what matters is if the court thinks these things, are the truth. Do whatever it takes to exhibit to the court, yourself as a competent, interested, and loving parent.

  • This will include arriving when scheduled, dressing accordingly for court, and displaying proper courtroom manners in the judge’s presence. Keep in mind, your impression means everything.

Find an Understanding About Family Law

Look into your state’s child custody laws so that you will know ahead of time what to expect. By way of example, many times, each parent will have equal rights to the custody of the children when they separate.

As a result, courts sometimes award joint custody when each parent is able to conduct their parenting duties. Nevertheless, in case one of the parents hopes for sole custody, they need to be capable of demonstrating why joint custody is not in the best interest of the children.

Keep Records

In cases where you genuinely believe your children would be in harms way with the other parent—as an example because the other parent has a record of domestic abuse—you should closely document your interactions with the other parent a long with their interactions with your children. Bear in mind, though, that your ex might feel the same way about you and could be preparing likewise documents for the courts.

Seek an Experienced Child Custody Lawyer

Even when you don’t think you can budget for a lawyer, arrange for a free consultation to address your options. You can also search for no-cost legal clinics near you.

Try reaching out to a local affiliate of the American Bar Association or request help from the Legal Aid Society.

What to Avoid Doing to Win Child Custody

Winning custody of your children when you separate from your ex is not a walk in the park, in particular because a lot of courts have a preference for some kind of shared or joint-custody. Nevertheless, parents can wreck their potential of winning custody if they are not watchful. The below is a overview of some things that will strengthen your chances of winning custody of your children.

Talk Resentfully About Your Ex

As difficult as it may be, don’t talk resentfully about your ex—particularly to your children. Alternatively, try to keep your thought and feelings towards your ex private Even if your children ask you challenging questions, try to keep it as positive as you can. While you are going to need to be sincere, do your best to not bash your ex in doing so. Express your annoyances instead to a trusted friend.

Show up at the Last Minute for Visits or Pickups

Small stuff like showing up last minute might be used to create a negative image of your dedication as their parent. Therefore, you need to show up on time when you have to pick up the children or when visiting with them. Showing up on time also expresses to your children that they are your number one priority.

  • Bear in mind, a divorce or a separation are extremely taxing for children. So, you’ll want to be sure you prove to them every opportunity you get that they are important to you.

Reschedule Your Time With the Children

When wanting to win custody, don’t make it routine occurrence of rescheduling visitations with your children. Rescheduling your parenting time over and over again makes it appear to the court that you’re only wanting custody “just because”—not because you actually want it.

Be sure that you’re there when you said you would be, so your ex can’t present a recorded routine to the court that depicts negative outlook on you. Additionally, rescheduling on your children is detrimental to them.

Misuse Alcohol or Drugs

Stay away from abusing drugs or alcohol, specifically when you’re around your children. Apart from giving more ammunition to your ex, making poor decisions, in the end, hurts your children. Also, it’s just one other thing that could be chronicled and used towards you.

Be sure there’s not even the slightest idea that you’re doing something that would put your children in harms way. As a good parent, it means making good decisions that safeguards your children’s overall welfare.

Refusing to Follow Court Requests

When you are wanting to win custody, it’s important to follow each request the court makes towards you. Don’t refuse to what the court is asking from you. Now is the time to demonstrate to the courts how dedicated you are. So when they want you to take a parenting class or seek therapy, do so without delay.

  • See their requests as an opportunity to show just how far you’re prepared to go for your children.

Disclose Details With the Children

It can be enticing to disclose the details of your case with your children, but it’s important to let your children be children and not put the burden of adult problems on them. Therefore, try not to talk to your children about what is happening including the things their other parent has done or shared. While you can in a nutshell answer their questions sincerely, you should not be keeping them regularly updated.

Fabricate Negative Stories

When wanting to win your custody case, don’t fabricate negative stories about your ex. Don’t ever come up with un-founded claims of abuse or embellish your ex’s short-comings in order to win your case. Any falsehoods you present will come back and will be used against you. These falsehoods also will probably derail your chances of getting custody. Ensure everything you disclose is based on facts and can be verified.

Final Words

In many states, child custody laws have a requirement that a judge considers the children’s best interests when coming to a determination of custody. Therefore, if you are attempting to gain custody, you need to ensure all the information you provide in court shows that awarding you custody will be best for your children.


  1. Wolf, J. (n.d.). How to Win You Child Custody Court Case. Verywell Family.

Speak With Our Child Custody Attorney In Scottsdale

Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.


Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer

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