Filing A Counter-Claim After Your Ex Files A Child Custody Claim Against You

When your ex-spouse is trying to change your child custody arrangement, you will want to file an answer and even file a counter-petition. An experienced child custody attorney will be able to help you with this decision.

The Role of an Attorney

One of the primary roles of a child custody attorney in this situation is to make sure that all deadlines are met and that you file all documents within the appropriate time frame. You will usually have within 20 days of originally being served to respond. 

You will discuss with your attorney the allegations and what this might mean for your child custody case. Your attorney will help you determine whether it is a good idea to proceed with your case.

Your Court Case

If you are concerned about your child custody court case, be assured that most child custody cases are settled out of court. The courts might need to approve of the settlement but you may not need to attend court. However, if you are not able to resolve your case, you might need to file a counter-claim in court. This is especially the case if the other parent is not cooperating.

To be able to make an effective case, you will need to cite the law and you will also need to effectively explain your individual circumstances. However, being fully abreast of the laws in your state regarding child custody can be very difficult especially when you don't know where to begin. You're better off working with an attorney who handles child custody cases every day.

The Judge Ruling

Judges are given a substantial amount of leeway when deciding how they will rule in a particular case. Therefore, you will want to be able to effectively explain how your parenting skills will make your custody something that is in the best interests of your child. You will need to prove that your parenting will better suit the emotional and physical needs of your child.

Because an attorney will have interacted with a family judge before, they will know what to expect from a particular judge. You may be able to place extra scrutiny on your ex-partner and allege that they are not a suitable parent as long as you are able to provide evidence. For example, you may present witness testimony that the other parent has been neglectful and you may be awarded full custody as a result.

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