Dads and moms
who have dealt with a controlling ex know how great it would be to get custody of your
child or children. Pulling them out of an abusive situation, domestic violence,
the parent does not care about what the child is doing with their life. Or just
uses them as a tool to get money from the other parent! All these things are
very real and happen everyday! – HOW, as a parent, can you stop this!? Maybe
sound too close to home? To get joint or full custody of your child or
children, you MUST prove the other parent to be unfit. “Hear Say” does not hold
up in court, you have to have hard proof.
Rachel Kugel
is the lawyer and founder of Kugel Law Firm working aggressively to take care
of people needs. Rachel is criminal defense attorney focusing on DWI cases both
in New York and New Jersey. Having defended hundreds of people on charges related
to driving under the influence, It’s no wonder that when media needs an expert
they call her.
Unfit
Documented Proof
In most
situations a judge will not grant complete custody over to one parent. If there
has been documented domestic violence by police reports, confirmed unhealthy
living conditions or environments by a professional, or other documented mental
or physical abuse by a physician or psychologist, it is pretty difficult to get Sole or Full
Physical Custody of your
child. Simply stating that you heard drugs were going in and out of the home
your children are living in, is not proof.
How
far do you live from your children?
Another
factor that comes into play is the distance you live away from you child or
children. If you are in California and your children live with the mom in New
York, it is a hard sell to make to the judge to uproot the children into a completely
new community away from their mother. However, living within 50 miles or at
least half an hour away from your kids, in most cases, allows you a lot more
flexibility to receive more time with your children. Try to move closer to your
children if you currently live more than an hour away from them.
How
old are your children?
The ages of
the children are yet another important element in the deciding factors of who
gets custody. Typically if your children are within the ages of a new born to a
few years of age, most judges want the children to maintain residency with
their mother. Under rare circumstances of significant evidence confirming the
mother is found unfit, custody can revert to the father – but this very
uncommon. Mostly, children from the ages of 3 and up can be requested to live
with the father full-time as long as the children have lived with the father
for at least 6 months.
Work
schedule
Everyone
works now a days. Most of the time both parents work to make ends meet and to
provide for their children. If you work a normal daytime schedule, it will be
easier to get more time with your children. Sporadic or inconsistent work times
can interfere with having a set custody half time schedule. If you fall in this
category, it is suggested that you try to find more consistent hours.
A
place for your children in your home
You want to
make sure that you have all the accommodations necessary for your children.
Make sure they have their own room, plenty of space to sleep, study, and play.
Your place should have all the normal standards of living in order:
electricity, running water, clean bathroom, heating and air ventilation. Make
your home a fun place to be! Your children should love coming and can’t wait
for their days with you.
These are
just some of the main variables judges or appointed court officials use in
determining child custody arrangements between parents. The better you know
about your child, the more the judge will believe that you can focus on his/her
best interests. Rachel Kugel focus on solutions, not problems or complications,
providing clear advice to help you achieve your objectives.
