You and your spouse are in the middle of a divorce.
Or perhaps it's after the divorce and custody is an issue.
What do you do to present a judge with reasons to rule in your favor? What witnesses should you consider testifying on your behalf? What information will a judge want to consider? This article is a good starting point but WARNING it is not designed to speak to the factors used in your state.
The information here is general in nature and not specific to any one situation.
In deciding custody, a judge is guided by "the best interests of the child" not the best interests of you and the other parent.
You should start out in crafting "best interests" by creating a custody plan if one is not in place yet.
To do so, create a chart or list of factors favorable to mom and to dad.
Be honest and realistic.
You need evidence to prove each area, though.
You need to prove each factor, and to do so you need witnesses and documents.
Gather evidence or examples to show that you are a fit parent.
Bring in counselors and teachers, coaches, and school nurses, and maybe even the principal at your child's school.
How about friends, family, and neighbors who saw you first hand with your child and maybe saw your spouse (for a contrast between the two of you).
In other words, think of anyone who witnessed interactions between you and your spouse and your child.
Try to avoid family members though because they are inherently biased.
You need specific examples of what you did in the past for your child.
Picnics, extracurricular activities, religious outings, coaching your child's teams, are all good starting points.
How about finances? If you do not properly feed or clothe your child, odds are a judge will not think you are a fit parent.
Does your child live with you? A judge may not want to disrupt your child's school and home environments.
In other words, if you have a choice between moving out of the home and leaving your kids or staying, STAY, STAY, STAY.
Provide examples about your mental and physical health, and that of your spouse or the other parent.
Do either of you abuse substances? If your child is old enough a judge may consider your child's wishes.
The list can go on and on.
But in conclusion, no matter what you do, remember to keep your child active and involved with the other parent.
Never ever interfere with the other parent's custody and never ever be hostile about the other parent or allow others to do so in front of the child.
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