Your child custody case hasn’t gone as planned. You thought your husband would willingly work with you and come up with a plan that works for your child, but he’s fought you tooth and nail. Now, he’s claiming you are an unfit parent, even though you know and he realizes that isn’t true.
Cases like yours aren’t unusual. Sometimes, spouses say horrible things during divorces that are hard to take back later. Your priority has to be your child, though, not arguing or trying to put out fires that your spouse starts to drag out your divorce.
Child custody cases can be negotiated between parties or may head to trial. Usually, two people either settle with an informal arrangement or go through mediation or other dispute-resolution processes to resolve their custody cases. In other situations, going to court and having a trial is the only option.
What happens if a child custody case goes to trial?
If your case goes to trial, the jury controls what happens to your child. This is why most people prefer to negotiate outside the court room. Still, it has the potential to benefit you. For instance, if you can prove that your spouse or ex-spouse is unreasonable, aggressive or otherwise damaging to your relationship with your child or to your child directly, you’ll be in a better position to win custody. Overall, you’ll have to come up with support for why you want custody or the custody arrangements you’ve sought. You have to present yourself in the best light possible and fight to be seen as the best parent to provide for your child.
It’s hard to think that strangers could control what happens to your child, but it does happen when a case goes to trial. Your attorney can help you prepare, so you have the best chance of getting what you ask for.