Be prepared to work with your lawyer in building your case. Remember both sides will be presenting evidence to support their contention that each is the better parent and that it the best interests of the child demand that he or she be granted custody. First, remember you are not trying to prove she is an awful person who says awful things to you. You are not trying to tear her down, get revenge for whatever has happened in your marriage, and above all, you are not trying to re-fight the reasons for your break up. The ONLY thing your are trying to prove is that the best interests of your child or children dictate that you be granted custody. Based on that single criteria, can you prove that she neglects the children? Can you prove that you spend more time with your child? Can you prove that you are the parent that takes the child to the doctor, plays catch in the back yard, helps with your child's homework? All these things are vital to proving your case. If you do not presently have custody, make sure that you insist on picking up the child's homework whenever you pick up your child for visitation. Don't just claim that you are the parent who takes your child to the park or baseball games. Judges have seen that trick too many times and will reason that you may be the "fun" parent, but your ex is the one who gets up with the sick child at night, or has to go to the school when the child has misbehaved. Look at your evidence objectively. Does it look like you are involved in "gamesmanship" or are you really, truly looking out for the best interests of your child?
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