FAQs on Child Custody During Divorce

What’s the best way to face your spouse in court during a divorce hearing? It is not about having enough courage to deal with all the issues surrounding the relationship. Rather, it is about having the right divorce lawyer to help you get through it. A knowledgeable attorney in the process of divorce can help you in so many different ways. They can provide you with strategic plans on how to deal with the issues raised against you in court. Apart from that, an experienced divorce lawyer will be able to help you win the battle against child custody in the best way possible.

So before you meet up with your divorce lawyer or perhaps consult with a family lawyer, here are a few questions you need to ask and the reasons why:

  • Can drug testing help determine child custody?

Yes, it can. The court honors all forms of documentation to prove that a parent is fit or unfit to take care of the child. If the court orders for a drug test, and a parent refuse to undergo it, the consequences that it comes with may be severe. The court can charge the parent with contempt and even decide to suspend all visitation rights.

  • Should I move the children out of the state?

You may do that, especially if you or your children are victims of marital and domestic abuse. After, you may then file for divorce. However, if the divorce case is on-going and negotiations about child custody are being discussed, then refraining from moving the kids to another state will help. It can show the court your sincerity to resolve issues with your former spouse for the best interest of the children.

  • If I file for the divorce first, should I leave the kids with my spouse?

If you want to file for a divorce and still have a joint custody of the children, it is best to live by the status quo. The court usually lean toward the parent who tries to maintain the status quo until a decision is made final. Leaving the kids behind will only show how irresponsible you are as a parent; thus, the judge will think you are not fit to take care of them.

  • My husband has filed for a divorce and a child custody case, what should I do?

Consult with a divorce or a family lawyer. A divorce lawyer will be able to help you deal with the grounds for divorce that has been filed while the latter will help you keep custody of the children. Talking to both lawyers will enable you to equip yourself with the knowledge on how to deal with the problem at hand with utmost ease.