How can I prepair for a custody case?
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Answer:
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on ensuring the “health, safety, and welfare” of the child and “frequent and continuing contact” with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in California Family Code Section 3011. According to California Family Code Section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The state allows the family court or judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child.
There are many items to think about and consider as you prepare for a custody case. The following are some suggestions to consider in your preparation. Hire the right lawyer, with the right experience, knowledge and training. Get recommendations for the right lawyer from your family lawyer, friends, or the state bar association. Make a list of the strengths and weaknesses of your spouse. Also make a list of your strengths and weaknesses. Be brutally honest. List the strengths in your present position from the view of the judge: job, economics, help from parents, etc. List the strengths of the other person in his or her present position. Write out a draft of a custody plan. List everything that you want as if you will be able to get everything that you want -- you won't get everything, but making this list is a good start. Make a list of the negotiable points in your draft custody plan. Decide if you should start negotiating with the other person. Make a list of your bargaining chips. Decide if you should work out a temporary custody plan with the other person. Decide if the other person may make false allegations in court. What would they be? Decide how to refute any false allegations. Make a list of witnesses that you have to refute potential allegations. Write down, for each witness, how they should dress and act in court. Decide how you should act in court. Choose the clothes you will wear in court. Make a list of the marital assets. Include in the list when each asset came into the marriage. Include how each asset came into the marriage. Calculate how much insurance is in force that would go to you and your child. Calculate how much insurance you and your child actually need, including medical coverage. Write down the education plans for your child and yourself. Make a list of your future potential earnings. Think about what could happen to increase or decrease your future earnings potential. Make a list of the other person's estimated future income. Write down any special earnings potential of the other person. Make a list by subject of the important things you have not told your lawyer. You don't want any surprises in court. List arrests, bankruptcy, affairs, fights, etc. Decide if you may want to relocate, now or later. Communicate this information to your lawyer.