Things to Keep in Mind Before Going to Court for Custody

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”


Going through a divorce can be difficult. Not only are you separating from the person with whom you once thought you would spend your life, but you are faced with the difficult task of dividing up all of your worldly possessions. As hard as divorce is on the couple, it is much worse when children are part of the question. Some couples will try to solve custody disputes outside of the courtroom in an effort to make this process as easy as possible for their children. However, the world is not perfect and not every set of parents can come to an amicable agreement, or even just an agreement, outside of the courtroom. There is a formal process, rules, and regulations that govern child custody disputes. Outside of these legal rules, however, it is important to keep a few other things in mind for child custody.


gavel-Charlotte-Mooresville-Monroe-Child-Custody-Law-Firm-300x200The Importance of Knowing Your Judge


Every divorce and custody case are assigned a judge. You might think that who the judge is does not matter, but that is incorrect. While every judge is impartial and unbiased, after hearing many cases, judges often have developed certain tendencies. Researching the judge of the case, reading papers that have been published by the judge, and seeing how a judge rules in court cases can be helpful. Knowing your judge allows you to present your arguments in the most efficient way possible.


Expect the Unexpected


In a world of television, it might seem like custody battles are black and white. However, the real world is much different. There is no way to know for certain the way a case will resolve. It is important to know this going in so that you can be prepared for any unexpected obstacles or issues that arise.


The Child is Most Important


It can be easy to get distracted and caught up in the stress of a custody battle. Therefore, it is important to remember that the child is the most important part of the case. Do not get distracted with arguments with your ex-spouse or pointing out all the ways that you are a better parent than him or her. Instead, when presenting your case and reasons that you should have custody, focus on all of the reasons and ways that you will care for the children. Similarly, do not rely on the idea that your children will tell the judge that they want to live with you. Children often become stressed in courtrooms. They also might not want to pick between their parents. Focus on presenting your arguments to the judge and making the process as stress-free as possible for the child.


Custody battles can be draining and difficult. The family law attorneys at Arnold & Smith, PLLC are here to help you. Our attorneys are sensitive to the fact that this is a trying time. We want to get you the best results possible under the circumstances. Contact us today to find out more. If you find yourself facing a complicated family law matter and need the help of experienced family-law attorneys in or around Charlotte, Lake Norman, or our new office in Monroe (by appointment only until 2019), please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here.







The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.





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