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Child Custody Rights


Using Custody X Change to help you protect your parental rights

If you don't stand up for your custody rights, there is a good chance you may lose them.

If you are worried that the child's other parent will get all the time with the child, that the other parent won't honor the visitation schedule in your custody agreement, or that you'll lose custody of your kids, you need to figure out how to protect your custody and visitation rights.

Spending time and being with your children is the most important custody right that you have. Custody X Change can help ensure that you get the fair amount of time with your children.

Custody X Change is a computer software program that helps you create a parenting plan.

You simply go through the steps of the program and you end up with a complete custody and visitation schedule, holiday schedule, time-share and overnight percentage calculations, provisions and stipulations to your agreement, professional documents outlining your plan, and the option to export your agreement to Word or PDF for any personalized changes.

You can then use this to get the time you want with your child.

How to prepare for your time in the courtroom

A good way to protect your custodial rights is to present yourself in a manner that makes an impression on the court.

You may find that you could be spending a lot of time in the courtroom during the course of your divorce proceedings so you may want to know what to expect and how to prepare for it.

The judge is going to have two things to rely on to make the decisions in your custody case: The papers in your file and the way you and your spouse present yourselves and behave in court.

Here are some helpful tips on how to handle your day(s) in court:

  • Be prepared. The judge's time is valuable and you do not want to waste it by shuffling through papers or forgetting something at home.
  • Stay focused. Get plenty of rest and nourishment before you go to court so you can stay sharp and on task.
  • Be polite. You should never interrupt the judge or the other party when they are speaking.
  • Remain calm. Losing your temper or raising your voice is only going to reflect negatively on you.
  • Be respectful. Pay attention to the bailiff's instructions. You will need to stand up when told to rise and sit down when told to be seated. You should also address the judge as "Your Honor".
  • Dress appropriately. You don't want to be told to remove your hat or look like a bum sitting there in your street clothes. You don't have to wear anything extra fancy but you should dress as if you were going to a job interview or an important yet non-formal event.
  • Be courteous. Even though the judge may not be sitting in the courtroom at first, the bailiff and the court reporter are. Courtrooms are also often monitored with video cameras. Stay off your phone (including texts) and keep all electronic devices turned off and put away. You should sit quietly and attentively in the courtroom as you wait for your case to be called.

You can use Custody X Change to create your parenting plan to present to the court. The result will be documents that are not only well-organized and professional, but impressive, as well.

Stay active and involved in your custody case

The worst thing you can do in a child custody case is nothing. You need to be active and participate in the custody process if you want to retain your custodial rights.

If you miss a court date and are not there to speak up for yourself, the court may decide things in your absence. This will more than likely not be in your favor. You should always come to court prepared and ready to make a convincing argument regarding your legal rights.

Do not be discouraged if your ex has an attorney and you do not. Attorneys can only operate within the scope of the law. They are not miracle workers. The courts use the best interest of the child as a determining factor, not the messenger of the facts.

Sometimes the judge will give instructions or ask that you do certain things prior to your next court date, such as attend mediation. This is the person that is ultimately going to decide the fate of your custody case, so you should always follow the judge's orders.

Know your legal rights and fight for them

You should take the time to review some of the basic custody laws for your state so you will have a foundation to build your custody case on.

Most state custody laws can be found within each state's "statutes" or "code".

You may also find helpful information regarding custody laws where you live by using the search box on the Custody X Change website.

Here are some general custody rights that apply to most states:

  • A child should be afforded the right to have frequent and continuing contact with both parents as long as doing so would not harm or endanger the child
  • Parents are not given custodial preference based on gender
  • All court decisions in custody cases will be made by evaluating the best interests of the child
  • Joint custody does not necessarily mean that the parents must divide their child's time equally between them
  • Many jurisdictions will consider the wishes of a child involved in a custody case if the child is old enough to make a decision
  • Once a custody arrangement is finalized by the court it becomes a court order that both parents will be legally obligated to follow

Some states have a preference for joint custody. If your state prefers to grant joint custody, you or your spouse will have to provide substantial and convincing evidence if either of you want to try to get sole custody.

Retain power and control over your custody arrangements

The judge in your family court will have the final say and make your custody arrangements into a court order, but that doesn't necessarily mean the court has to create your custody arrangements.

In fact, most courts prefer that parents create their own parenting plans and child visitation schedules. They understand that parents are ultimately the best suited to customize the custody arrangements for their own child.

It is very important to make every effort to reach an agreement with the other parent before the power to do so is taken by the court. If you do not reach an agreement, the court is free to make the custody arrangements for you.

You wouldn't want someone else telling you what time you go to bed or what store you are allowed to grocery shop at. Why allow someone else to dictate when and how often you can see your own child?

As long as both parents are able to agree on the parenting plan and the court finds it is appropriate and will meet the needs of your child, your parenting plan should be approved and made an order.

Custody X Change can help you create your parenting plan AND negotiate with the other parent.

Using Custody X Change to create your plan and preserve your rights

Custody X Change is a valuable tool that you can use to create your parenting plan.

It is simple to use. You just enter the requested information and the software does all the work. The result is professional looking documents that are organized and easy to understand.

You can use Custody X Change to help you negotiate with the other parent. You can either go over the program together or use the documents to try to work out an agreement.

When you use Custody X Change to create your custody agreement:

  • You will find that it is simple to use. You just enter your information and the software does all the work.
  • You can make quick and simple edits. There is no need to start all over.
  • You can print off a copy of your proposed parenting plan to give to your ex to review. Working with a document instead of face to face allows you to remove yourself from the situation.
  • You can print off time-share percentage and overnight percentage reports to show the other parent exact how much time each of you will have.
  • You can print off visitation calendars YEARS in advance and make little adjustments the way holidays fall won't interfere with your normal custody time.
  • You can print of a copy of your proposed parenting plan to give to a judge or mediator. You can highlight the items you were able to agree on and then offer your suggestions for consideration.

Custody X Change helps to protect your custody rights by helping you get the time you want with your child. Download your free trial today and find out how it can give you the custody help you need.