Family Law

Checklist of Items to Consider in Child Custody Cases

By J. Benjamin Stevens

Child custody cases are among the most difficult types of Family Court cases – for both the litigants and the attorneys.  In addition to the obvious fact that you cannot split a child in half (as happens with many of the financial issues), emotions always run high when dealing with custody and visitation issues.

Fortunately, Divorcenet.com has published a comprehensive Child Custody Checklist that outlines many of the types of issues that must be addressed and decisions that must be made in these types of cases.  I have listed the first 10 items for your reference, but you should read all 49 using the link below.

1. Hire the right lawyer, with the right experience, knowledge and training. Hiring the correct lawyer is the most important action that you can take. Without the right lawyer nothing seems to work out as well – no matter how much work you put into your case.
2. Get recommendations for the right lawyer (from your family lawyer, friends, bar association).
3. Make a list of the other person's weaknesses. The other person is usually your spouse or former spouse, but may be grandparents, foster parents, siblings, or even the State.
4. Make a list of the other person's strengths. This is really important. It is too easy to concentrate on the other person's weaknesses and what they do wrong -- here we want you to list what they do right.
5. Make a list of your strengths.
6. Make a list of your weaknesses. Be brutally honest. Only you and your lawyer will see the list.
7. List the strengths in your present position from the view of the judge: job, economics, help from parents, etc.
8. List the strengths of the other person in his or her present position.
9. Decide if you should be the first to initiate the suit.
10. Decide if you should try to settle the case.

You can (and should) continue reading the other items on this checklist by clicking here.

Source:  "Child Custody Checklist" published at Divorcenet.com.

Full post as published by SC Family Law Blog on August 18, 2010 (boomark / email).