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I Want A Divorce but Am Afraid of the Custody Battle That Will Follow. What Can I Do?

At the Land Legal Group, our divorce attorneys in Los Angeles understand that one of the biggest roadblocks to dissolving a marriage is the fear of the unknown when it comes to child custody.

Parents are often terrified their spouse will respond to a request for a divorce with the immediate reaction of taking the children with them. This is common and is often a knee-jerk reaction to someone expressing they want to leave the marriage. Once the legal proceedings begin, many parents understand the focus should be on the best interests of their children.

Other times, the spouse’s instinct was correct: Their spouse is going to fight tooth and nail for custody of their children.

Our Los Angeles County family law attorneys Los Angeles can help either type of parent focus on the facts of their marriage, and build a very strong case based on how the courts decide custody cases for them, when they are unable to come to any parenting decisions on their own.

We at Land Legal Group will help design your case to present the solutions the family court judges need to make decisions based on what is best for the children from your vantage point.

How Can I Prepare for My Child Custody Case in Los Angeles?

Being properly prepared for your child custody case requires partnering with an experienced family law attorney in Los Angeles, so we can build your case for success.

First, it is important to remain active in your children’s lives, no matter what the other parent is doing. That means being supportive of the kids’ relationships with their other parent and encouraging them to remain connected while never talking about the divorce or your spouse negatively.

Next, continue to provide a stable, safe, and positive home life. This means keeping your home clean, safe from hazards or circumstances that can be used against you by the other parent inside and outside the courtroom.

Maintain your physical and mental health, as well as your appearance, to provide a stable approach to your children’s day to day needs.

If you feel as though you or the children need help coping with the circumstances of the divorce, enlist the help of a therapist to provide group or solo counseling for each person in the house, so everyone can talk about how the divorce personally affects them.

The court may ask the therapist for an assessment of the children’s well-being later, which can be a valuable resource for your case.

Finally, document everything.

Certainly, you want to be there for your children, and not overcome with focusing on behaviors that will sway the courts in your favor, but this is no time to be naïve.

Being prepared and having proper documentation is also an important part of being successful during a child custody case.

Along with noting any shortcomings your spouse possesses when it comes to raising the children, including not knowing their daily habits, friends, teachers, or activities, you should also note your efforts to improve their overall parenting skills and facilitate positive interactions.

If you and your spouse cannot come to a custody agreement on your own, your child custody case will go to the family court.

How Will the Los Angeles Family Courts Decide Child Custody?

If you and your spouse cannot negotiate where the children will live, a visitation schedule, and an overall parenting plan through mediation, the decision will fall on the family court.

Family court judges make decisions based on what is best for the children and not necessarily what the parents are requesting, including who has legal and/or physical custody of the children.

When a child custody case goes to court in Los Angeles, there are several factors the court and judge will consider when deciding which parent will have primary custody of the children.

Those factors may include, but are not limited to:

  • Which household will be in the best interest of the children
  • The home’s proximity to school and extra-curricular activities
  • Which parent is best suited to physically, emotionally, and financially to care for the children
  • The children’s ages and genders
  • The parents and children’s medical history, and any existing medical problems
  • The children’s opinion on where they want to live, if they are old enough to make an informed decision

At the Land Legal Group, our child custody attorneys in Los Angeles will assess your complete case, and outline real-time solutions to pursuing the best outcome for your unique divorce circumstances, so we can aggressively litigate on your behalf in front of a judge.

You do not have to face a high-conflict spouse alone or be bullied by threats of taking your child away from you throughout your divorce proceedings.

Contact our Los Angeles family law attorneys today at (310)552-3500 to learn how we can help you focus on the facts of your child custody case, so we can pursue the best outcome available inside the courtroom.

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