A “Best Interest of the Child” Checklist to Help You Get Sole Custody
Increase your chances of becoming the custodial parent with this “best interest of the child” checklist. Do you meet the requirements?
Even the strongest relationships can eventually dissolve. This is the root cause behind why around 7 in 1,000 women got divorced in 2021. To make things even more complicated, divorces often lead to battles over child custody.
The judge will consider many factors, but the primary focus will be the child’s best interest. Knowing what attributes you’ll need as a custodial parent can help you navigate this emotional process.
It will also increase your chances of gaining sole custody in Maryland. We’ve put together a best interest of the child checklist you should consider when moving forward. Let’s explore what you need to know.
Understanding the Best Interest of the Child
Simply put, this term refers to the court’s determination of what will most benefit the child. This will ensure their health, safety, and well-being.
It’s a broad concept that includes various attributes, such as emotional stability or financial security. Understanding these specific criteria can help you prepare effectively.
Primary Caregiver
This is the person who has provided most of the daily care and emotional support for the child. Showing that you have been their primary caregiver can greatly influence the court’s decision.
Keep records of daily routines, medical appointments, and school involvement to support your case. This isn’t always easy to prove, as there may be only marginal differences between how you and your partner care for your child.
Financial Stability
Your financial stability is another key factor. Courts need to know that the custodial parent can provide for the child’s needs.
This includes housing, food, education, and medical care. Steady employment, a stable income, and a clear budget for your child’s expenses are crucial to demonstrate.
Having a large amount of wealth won’t always guarantee custody. The judge might view parents who are irresponsible with money as liabilities.
Parenting Plan
Having a solid parenting plan is imperative. This document should detail how you will meet your child’s needs and ensure their well-being.
Include daily schedules, education plans, and healthcare arrangements. This will convey that you can maintain a stable environment for your child.
Parent-Child Relationship
The judge will assess the strength of the parent-child relationship, as well. They’ll look to ensure you have consistent positive interactions with your child. Many parents document these interactions through photos and videos to provide evidence of a strong relationship.
Physical and Mental Health
Your physical and mental health (and that of your child) are significant factors. Courts ensure that the custodial parent is healthy enough to care for the child and that the child’s health needs are met. Provide medical records and letters from healthcare providers to demonstrate your fitness as a parent.
Living Situation
Your living situation plays a large role in determining custody. Judges look for a safe and stable home.
Provide evidence of your living arrangements, including the home’s safety, location, and proximity to local schools. Testimonials from neighbors or community members can also help support your case.
Child’s Preference
In some cases, the court will consider the child’s preference, especially if the child is older. While not the only factor, it can influence their decision. If your child prefers to live with you, ensure you communicate this to the court.
Parental Cooperation
Even when seeking sole custody, showing a willingness to cooperate with the other parent can be beneficial. Courts tend to prefer parents who support the child’s relationship with both parents. Even if limited, demonstrating support for the child’s relationship with the other parent reflects well on your character.
Educational Involvement
Active involvement in your child’s education is something you can never neglect. Attend parent-teacher conferences, help with homework, and monitor academic progress.
Schools can provide records of your involvement, and teachers can write letters of support. Prioritizing your child’s education illustrates you’re investing in their future.
Legal Considerations
There are many legal aspects of custody cases you’ll need to understand before moving forward. Familiarize yourself with your state’s laws and regulations on child custody.
This knowledge helps you anticipate legal challenges. Consulting a family law attorney provides valuable insights and guidance throughout the process, as well.
Professional help from family therapists, child psychologists, and legal experts can bolster your case. They provide expert opinions and testify on your behalf.
They can also guide you in presenting your case effectively. Their involvement adds credibility and support, so don’t neglect them.
How to Find a Lawyer
Finding the right lawyer is a crucial step in resolving legal issues effectively. This is the only way to ensure things go your way. Listed below are key attributes to consider when searching for the ideal legal representative.
Experience and Specialization
Choose a lawyer with significant experience in family law. An experienced attorney is more likely to understand the nuances of your case and navigate the legal system efficiently. You should also look for attorneys who have handled cases similar to yours and have a proven track record of success.
Reputation and Credentials
Check the lawyer’s reputation and credentials. This includes their educational background, years of practice, and any awards or recognitions they’ve received.
Membership in professional organizations can also indicate a lawyer’s commitment to their craft. Verify their standing with the state bar association to ensure they have no history of disciplinary action. If they deflect questions about this topic, you should look elsewhere.
Client Reviews
Client reviews and testimonials provide valuable insights into a lawyer’s performance and client satisfaction. Read reviews on legal websites and social media platforms.
Look for consistent patterns in feedback, such as responsiveness, professionalism, and success rate. Positive reviews from previous clients can give you confidence in the lawyer’s ability to handle your case.
Pay attention to how they respond to negative feedback. If they get defensive or aggressive, you should look elsewhere. It’s also important to keep an eye out for fake reviews.
These are often posted in large batches and contain many of the same keywords. The last thing you want is to work with an attorney who misrepresents themselves.
Communication Skills
Effective communication is essential in a lawyer-client relationship. During initial consultations, assess the lawyer’s ability to listen to and understand your concerns. They should explain legal concepts in plain language and provide clear answers to your questions.
A lawyer who communicates well can keep you informed about your case. This will ensure you understand your options at every stage of the process.
Accessibility and Availability
Consider the lawyer’s accessibility and availability. You need a lawyer who can dedicate sufficient time and attention to your case. Ask about their current caseload and how quickly they respond to calls or emails.
A lawyer who is too busy may not be able to give your case the focus it needs. Ensure they have a reliable system for keeping clients updated.
Fee Structure
Understand the lawyer’s fee structure before making a decision. Lawyers may charge hourly rates, flat fees, or contingency fees. This will depend on who you hire.
Discuss all potential costs upfront, including court fees and other expenses. A clear and transparent fee agreement helps avoid financial surprises.
Keep in mind you often get what you pay for. It’s never recommended to choose the cheapest options.
However, you don’t need to hire the most expensive attorney. Somewhere in the middle of the price range can meet your needs without stretching your budget.
Personal Compatibility
Your lawyer should be someone you feel comfortable with and can trust. Personal compatibility is crucial, as you’ll be sharing sensitive information and relying on their guidance. During consultations, gauge whether the lawyer is empathetic.
You should also assess if they’re respectful and genuinely interested in your case. A good rapport with your lawyer can make the legal process far less stressful.
Local Knowledge
A lawyer with local knowledge can be an asset, especially in cases involving local laws or jurisdictions. They are likely to have established relationships with local judges, prosecutors, and other legal professionals. This can dictate whether you’re able to achieve the outcome you desire.
Initial Consultations
Take advantage of initial consultations to evaluate potential lawyers. Many offer free consultations to discuss your case and their approach.
Ask about their experience, strategy, and how they plan to handle your case. This meeting can help you determine if the lawyer is a good fit for your needs.
Recommendations from Friends and Family
Personal recommendations from friends, family, or colleagues can be invaluable. They’ll provide honest feedback about their experiences with specific lawyers. Your professional contacts may be able to refer you to attorneys who can meet your needs.
Leverage This Best Interest of the Child Checklist
Securing sole custody of your child is a challenging process, but understanding the best interest of the child checklist in this guide will help you hit the ground running. From here, you can avoid issues you may have otherwise encountered. Just be sure to research the attorney you hire.
Blattner Family Law Group offers a meticulous, detail-oriented approach to family law in Maryland. Our expertise includes divorce, child custody, property disputes, and much more. You can explore the other benefits we offer when you schedule a consultation today.