How Do I Build A Strong Custody Case?

If you are thinking of divorce and wanting primary custody of your child, here is how you can build a robust child custody case:

Provide evidence that you are an ideal parent who can take care of the child’s best interests
Prove that the other parent is not an ideal parent
Prove that you have a deep and meaningful relationship with your child
Demonstrate that you have created a workable parenting plan

First off, to build a strong custody case, you need to hire an experienced, successful, and effective child custody attorney who has resolved many custody battles to the satisfaction of clients – before the cases went to trial. Of course, high-conflict cases invariably end up in the courts and there is nothing one can do about that. But when it comes to regular child custody cases, your attorney should demonstrate how he has amicably resolved cases similar to yours in the pre-trial stage.

Hiring the right family law attorney is 99% of the battle won.

That said, if you are thinking about divorce and want primary custody of your child, here is how you can build a robust child custody case:

1. Provide Evidence That You Are An Ideal Parent Who Can Take Care Of The Child’s Best Interests

You can prove to the courts that you are an ideal parent who acts in the best interests of the child by establishing that:

You can provide your child with a safe, stable, and secure home after the divorce – a home in which your child will get adequate space and his/her needs and comforts will be taken care of. “Needs and comforts” include clothing, food, shelter, medical insurance, regular medical checkups, hobbies, and more, depending upon the standard of living that the child enjoyed when his parents were married.
Your monthly income is sufficient to operate the home and take care of the child.
You can always be present, engage yourself actively, and be attentive anytime when the child needs you. To convince the courts that you will be a responsible parent, you can keep records of instances when the child needed you and how you were always there for him/her.
You are fair to the other parent.
You are fit (physically and mentally) to take care of the child.
You have not neglected the child during the marriage and will not neglect him in the post-divorce period.
You have witnesses who can testify that you have been an ideal parent.

2. Prove That The Other Parent Is Not An Ideal Parent

The courts believe that a child needs the love and care of both parents to become a responsible and productive adult. So, if the other parent is a regular person with regular flaws that all humans have, then you have to be fair to his/her custodial rights and don’t have to point out flaws in his/her parenting skills.

Unless, of course, the other parent’s parenting style is such that it can harm the child physically or emotionally. If the other parent is unfit to take care of the child, you can provide evidence of his/her:

Substance abuse
Criminal activity or association with criminals or dangerous people
Domestic violence (emotional/physical) against you or the child
Neglect
Threats
Irresponsible or reckless behavior that endangered the child
Abandonment
Alienation
Violation of court orders
(And any other activity that placed the child in imminent danger)

3. Prove That You Have A Deep And Meaningful Relationship With Your Child

Demonstrate how you have supported your child’s education and extracurricular activities.
Show how you have fulfilled your parenting duties. (You can prove this and the first point by providing the courts with a journal that details how you have devoted time to the child)
Cooperate with the guardian ad litem (if the court appoints one) or evaluator and provide evidence to him/her about the time you have spent on the child’s upbringing and how it has favorably impacted the child’s life.
Show how you have contributed financially to the child’s upbringing (if you are employed or own a business).
Produce witnesses (neighbors, teachers, etc.) who will testify that you are a good parent.

4. Demonstrate That You Have Created A Workable Parenting Plan

Create a solid and practical parenting plan and show the courts how you place the child’s best interests over your own, and how you are ensuring that the pain of divorce does not rub off on the child. Ensure that your parenting plan:

Has a joint custody or visitation schedule that is easy on the child and fair to the other parent
Details how the parents will communicate with each other so that the shared parenting routine becomes easy to execute
Details how the parents will make major decisions about the child
Details how the child’s finances (child support sharing) are planned in such a way that the child’s needs and comforts are always provided for
Shows how the child’s best interests will be taken care of

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bjenness79

I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.

Barbara Thayer

Could not help with my case but referred me to someone who could .

Trisha Caldwell

Clay Randle was great and I would highly recommend him for an attorney.

Danny Caine

Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

Joseph Hutto

I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

Natalie Warner

Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

Dusty Boyer

I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!

Natalie Lewis

I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!