Saturday, 9 January

How to Win Child Custody

Ten Steps on How to Win Child Custody

1.  Always hire an experienced family law lawyer. Before hiring the attorney, ask them to provide you with a list of the judges that they have argued cases in front of.   Also, ask them to provide you with information regarding their success rate in winning cases for their clients.

2. Hire a Private Investigator.  P.I’s work with you and your attorney to help you secure evidence that will be beneficial in your case. Hiring an experienced private investigator like those from Scott Frank Investigations will give you documented proof to help win your case.  Documented physical evidence such as video taped images is hard to overcome and provides the judge with visual evidence from a third party.

3. Don’t be afraid to ask your attorney or private investigator questions. Remember, they work for you! Become knowledgeable in your case and the laws that will help you to win your case. Develop an action plan with your attorney to help you prevail at trial. At Scott Frank Investigations, we provide our clients with regular updates. You should expect the same from other professionals that you use in your case.

4. Document conversations between you and the other parent. Buy an inexpensive hand held tape recorder and record conversations between you and the other parent. Louisiana law does allow for this as long as one party is part of the conversation.  Be sure to always check with your attorney for legal advise regarding this law.

5. Try to avoid mental health evaluations and never accept the opposing lawyers suggested evaluator if you are forced into a mental health evaluation. Carefully review all of your options with your attorney regarding these evaluations before making any decisions that will affect your case.

6. If at all possible, do not stipulate and have your day in court. Do not assume that you will not prevail. Men are especially reluctant to go to trial because they wrongly assume that men will not get custody. Depending on your circumstances, you may be able to prevail at trial. Be sure that you review all of your options with your attorney before making a decision that will affect your case. Hiring competent legal representation, investigators and other professionals will give you a better opportunity to win your case.

7. Mediation is another option that you should consider not accepting.  If you could agree on things before, then you would not be in court now. It is our experience that mediation is an option that you should carefully consider with your attorney.

8. Learn to co-parent with your ex during this time. Take the lead and be in charge during this time. It will help the children as well as your case.

9. Always document your conversations and other activity involving your children. One way is to have a calendar where you record the events of that day. An example might be that you had to pick up the child for school and take them for a doctor’s appointment. Be sure to keep records for all expenses for your children during this period.

10. Lastly, your children are important to you. Be sure that you work with your attorney, investigator or other professional to help you prepare for your case. Provide them all of the necessary information, no matter how trivial to help you with your case.

    * These steps will also help you win your case if you are facing the Bergeron rule in your Child Custody Case.
     * The above information should not be considered as legal advice. The views and opinions contained herein are based on our personal experience and knowledge. Before making any decisions regarding any matter involving information contained herein, we recommend that you seek legal advice from a qualified attorney.