Pollack Law Group, P.C.

How to Win Full Custody

How to Win Full Custody

Fullor sole custody is when one parent is designated as the parent with
primary legal or physical custody often both. In these cases, the noncustodial parent is often given visitation rights or at least supervised
visitation, although that is not always the case. If you have children and you
are facing an impending divorce, you likely want to win full custody of your
children.
While there is no sure-fire way to guarantee sole custody, there are
certain steps you can take that could give you an advantage:
File first
Beware of what you say or post on social media
Avoid using tricks
Demonstrate interest in your children
Dont move out

File First
One thing we always recommend is
filing first. While we usually try to
settle cases by entering
negotiations with the other spouses
lawyer, sometimes, the other side
becomes unreasonable and going to
court is necessary. We approach
every case as if it could go to trial,
and we often do file first. This can
give us the advantage by putting us
in the drivers seat and being able
to control, to a certain extent, the
order in which the court considers
the issues.

Manage What You Say on Social

Media
If a child custody dispute is on the horizon,
think twice before posting anything on
Facebook, Twitter or any other social media
platform. This is because the other side can
use something called electronic discovery
to access records from your social
mediaaccounts and use them against you in
your custody dispute.
Avoid saying anything disparaging about
your spouse (directly or indirectly), posting
pictures or comments showing alcohol or
drug use, posting pictures or comments
about a new girlfriend/boyfriend or posting
photos that show your children in a setting
that suggests inappropriate supervision on
your part.

Avoid Using Tricks

Far too often, people believe
they have to resort to
certaintricksto get full custody
of their children, such as making
false claims of abuse. These
tricks can get you in trouble, and
if the court finds out you lied, it
can definitely harm your case
possibly preventing you from
getting custody of your children.

Demonstrate Interest in Your Children

Demonstrate interest in your
children and involvement in their
lives. This seems like a no-brainer
since, as a parent, you likely care
very much for your children.
However, if divorce is on the
horizon, make sure to support the
claim that you love your children by
attending their school or sporting
events, picking them up from
school and spending time bonding
with them on the weekends.

Dont Move Out

Moving out of the marital home
isone of the biggest
mistakesa spouse can make
before or during the divorce
process. In most cases, the spouse
who moves out stays out. Moving
out of the home in which your
children live can also create the
perception that you do not care
whether or not you are around
your children.

Dont Use Children as Bargaining

Chips
Avoid involving your children in your
divorce more than they need to be.
Far too often, children are dragged
into contentious custody battles
and can suffer emotional harm as a
result. Try not to speak negatively
about your spouse in front of your
children, and especially avoid
making false claims about your
spouse or making your children feel
as though they should choose sides.

Consider Hiring a Guardian ad Litem

While there are certain factors that
all judges must look at, each one
brings his or her own morals and
values into the decision-making
process. Our firm often suggests
hiring a guardian ad litem (GAL) as an
expert.