Divorce can be an emotionally taxing and complex process, especially when children are involved. Protecting your parental rights during this time is crucial for the well-being of both yourself and your children.

The lives of children are usually enhanced when they can maintain a healthy relationship with both parents. You also have your children’s best interest at heart and likely have defined opinions on virtually all parental choices. Maintaining decision-making authority or input is usually a key goal for both parents during and after divorce.

Know Your Rights

First and foremost, it’s important to know what your parental rights are. As a parent, you have the right to make decisions about your child’s upbringing. These rights can be classified into two main categories: legal custody and physical custody.

Legal Custody

Legal custody refers to the right to make significant decisions about your child's life. This includes decisions about their education, health care and religious upbringing. Legal custody can be joint, where both parents share the decision-making responsibilities, or sole, where one parent has the authority to make these decisions.

Physical Custody

Physical custody refers to where the child lives and who takes care of them on a daily basis. Similar to legal custody, physical custody can be joint, where the child spends significant time with both parents, or sole, where the child lives primarily with one parent.

Your Choice of Family Law Attorney May Play a Significant Role in Your Child Custody Outcome

A knowledgeable lawyer will guide you through the legal complexities, represent your interests in court and help you navigate the emotional aspects of the process. They will also assist you in preparing the necessary documentation and presenting a strong case for your desired custody arrangement.

It’s important to recognize that the court will (or is supposed to) do what’s in the best interest of the children. This means clearly demonstrating that your children’s lives are enhanced with you in it and establishing that your decision-making input or control will have positive outcomes for their well-being and upbringing.

Document Everything

Thorough documentation can be a powerful tool in custody disputes. Keep detailed records of your interactions with your spouse and children, including visits, phone calls and any instances of conflict.

Documentation can serve as evidence of your involvement in your child’s life and your commitment to their well-being. Documentation can be equally important for challenging allegations brought by your spouse that might paint you in a negative light.

Important documents to keep include:

• Communication Logs: Record phone calls, emails and text messages between you and your spouse regarding your child.

• Visitation Schedules: Document the time you spend with your child, including overnights, weekends and holidays.

• Expenses: Keep receipts and records of expenses related to your child’s care, such as medical bills, school supplies and extracurricular activities.

• Incident Reports: Note any significant incidents that occur during visitations or exchanges, especially if they impact your child’s well-being.

Prioritize Your Child’s Best Interests

Courts primarily focus on the best interests of the child when making custody decisions. Demonstrating that you prioritize your child’s needs and well-being is essential. Show that you can provide a stable, loving environment and that you are willing to cooperate with your spouse for the sake of your child.

Factors that courts consider include:

• Emotional Ties: The emotional bond between the child and each parent.

• Parental Involvement: The involvement of each parent in the child’s life, including their education, health care and extracurricular activities.

• Stability: The ability of each parent to provide a stable home environment.

• Health and Safety: The physical and emotional health of each parent and the child’s safety in their care.

Develop a Co-Parenting Plan

A well-thought-out co-parenting plan can demonstrate your willingness to work collaboratively with your spouse for the benefit of your child. This plan should outline how you and your spouse will share responsibilities and make decisions about your child’s upbringing.

Elements of a co-parenting plan include:

• Custody Schedule: A detailed schedule of when the child will be with each parent, including holidays and vacations.

• Decision-Making Process: Guidelines for how decisions about the child’s education, health care and extracurricular activities will be made.

• Communication Methods: Strategies for effective communication between parents, such as regular check-ins or using a co-parenting app.

• Dispute Resolution: Procedures for resolving disagreements, such as mediation or arbitration.

Maintain a Positive Relationship with Your Child

Throughout the divorce process, it is crucial to maintain a positive and supportive relationship with your child. Reassure them of your love and commitment and avoid involving them in conflicts between you and your spouse. Maintaining a consistent routine, being open and honest with them and providing emotional support and reassurance can help you maintain a positive relationship, even during a contentious divorce.

Attend All Court Hearings and Mediation Sessions

Active participation in all court hearings and mediation sessions is essential. This shows your commitment to your child’s well-being and your willingness to cooperate in resolving custody issues. Be prepared, be respectful and present your case clearly and calmly.

Are You Looking for a Minneapolis–St. Paul Family Law Attorney Experienced in Representing Parents in Child Custody Disputes?

Not every family law attorney is necessarily a great fit for every parent in a child custody dispute. For example, there are some lawyers who have extensive experience representing fathers in contentious divorces where the other spouse is alleging emotional of physical abuse in an effort to gain sole custody, or mothers seeking to escape legitimately abusive relationships and gain sole custody.

If you’re dealing with a complex and contentious child custody or support dispute and need an attorney with experience handling cases like yours, contact our referral counselors. We connect people with vetted local attorneys in all types of practice areas and with different family law practice focuses. Contact us today or give us a call at (612) 752-6699.