Evidence to Decide Complex Child Custody Issues

 Posted on July 08, 2015 in Child Custody

All parents share a common goal: the best interests of the children. That being said, parents often have very different opinions of what is "best." Moreover, they often sharply disagree as to the methods used to achieve that common goal.

In terms of their approach, many lawyers are far too aggressive in child custody disputes. A court hearing is unlike some other forums, where the people with the loudest voices typically get their way. In fact, this approach often backfires. Many judges rightly believe that parents who recklessly attack the other side lack the co-parenting skills needed for a successful post-divorce parent-child relationship.

Controlled aggression, along with thorough preparation, often achieves the best results in complex custody actions. What evidence can support a party's arguments in court?

School Records

Report cards are the most obvious item in this category, especially if Susie got A's when she lived with her father and F's when she lived with her mother. But the contrast is typically much more subtle, and in any event, the letter grades do not always tell the full story:

• Attentiveness: If the children are tired and slow to respond, or fall asleep in class, they may lack a solid bedtime routine.
• Homework: Many times, the children's homework is sloppy, incorrectly done, late, or not turned in at all. All these things indicate a similar lack of structure in the home.
• Extracurricular Activities: Something is amiss if the children regularly participated in student government, chess club, or other activities, and then suddenly dropped out.

In addition to teachers, school counselors and other school parents often provide valuable insight in these matters.

Church Attendance

Sometimes, the mere presence or absence of these witnesses can speak volumes. For example, the parents may have agreed that the children were to be raised Jewish, but Dad is not taking the children to a synagogue.

Teachers, youth leaders, and other people that directly interact with the children are usually the best witnesses. Moreover, the fact that a child visited a religious counselor may be admissible, even though the contents of their conversations are off-limits.

A successful outcome in a child custody dispute typically depends on thorough preparation and the lawyer's advocacy skills. For a consultation with a skilled Round Rock divorce attorney, contact our office at (512)610-6199.