Be Ready For Your Spouse To Make These Claims During A Contentious Child Custody Situation

Posted on: 8 June 2018

Few things can make divorce proceedings contentious as quickly as talking about custody of the children. If you and your spouse both want custody, you'll definitely each need to hire divorce attorneys who can present each of your cases to a judge who can then make a ruling. Even if other elements of the divorce have been fairly amicable, things can quickly become heated and accusatory as both of you fight to gain custody of the children. Some people will make hurtful or untrue statements for many reasons, and you should be prepared that your situation may unfold in this manner, too. Be ready for the following claims to potentially come up.

The Children Don't Like You As Much

A frustrated spouse who is looking for full custody of the children may suggest in court that the children prefer him or her, and that this is a good reason to be granted custody. If you're prepared for the chance that your spouse will make such a statement, and share with your attorney that this statement may come up, it allows you to respond accordingly. For example, your attorney may proactively get statements from other families who can attest that you and your children have a strong relationship.

You Aren't Capable Of Raising The Children

Often, one spouse does more in terms of directly raising the children, but this doesn't mean that the other spouse isn't capable of doing so. In a contentious situation, your spouse may state that the children need to go with him or her because you aren't capable of raising them. This is another statement for which adequate preparation is critical. You can put together a list of all the duties that you currently perform or have performed in terms of raising the children, which may help to successfully refute this claim.

You Won't Be Able To Provide A Stable Living Environment

When one spouse suggests that the other won't be able to provide a stable living environment for the children, the judge will definitely notice. If you face this statement, the onus will be on you to disprove it. You can be proactive by preparing details that show such a statement isn't accurate. For example, you can provide photos of your new residence, even if it's only an apartment, as well as details that illustrate how each child will have his or her own room and that the dwelling is close to the children's school.

For more tips, contact an attorney like Karen Robins Carnegie PLC.